iEx  IGtbrtfl 


SEYMOUR  DURST 


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Because  it  has  been  said 
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LAWS 


OF  THE 

STATE  OF  NEW  YORK, 

IN  RELATION   TO  THE 

ERIE  AND  CHAMFLAIN  CANALS, 

^TOGETHER  WITH  THE 

OF  THE 


COMMISSIONERS,  AND  OTHER  DOCUMENTS, 


REQUISITE  FOR  A  COMPLETE 

<&fitciai  pjtetorfi  of  tfcose  <ES$otk#. 

ALSO, 

CORRECT  MAPS   DELINEATING   THE  ROUTES  OF   THE  ERIE  ASO 
CHAMPLAIN  CANALS,  AND  DESIGNATING  THE  LANDS 
THROUGH  WHICH  THEY  PASS. 


L\*  PURSUANCE  OF  THE  "  ACT  FOR  RE-PRINTING  THE  LAWS  AND  OTHER 

OFFICIAL  DOCUMENTS, 

RELATING  TO  THE  ERIE  AND  CHAMPLAIN  CANAL?," 

FASSED  FEBRUARY  8,  1825. 

VOL.  I. 


ALBANY : 
PUBLISHED  BY  AUTHORITY  OF  THE  STATE 

E    AND  £•  HOSFORD,  PRINTER* 


TC 

v. I 


s 


NORTHERN  DISTRICT  OF  NEW-YORK,  TO  WIT : 

BE  IT  REMEMBERED,  That  on  the  twenty-eighth  day  of  February,  in  the  forty- 
ninth  year  of  the  Independence  of  the  United  States  of  America,  A.  D.  1825, 
fl  John  Van  Ness  Yates,  as  Secretary  of  State  of  the  State  of  New- York,  of  the 
KLi.  district,  hath  deposited  in  this  Office  the  title  of  a  Book,  the  right  whereof 

he  as  such  claims,  as  proprietor,  in  the  words  following  to  wit : 
*'  The  Laws  of  the  State  of  New- York,  in  relation  to  the  Erie  and  Champlain  Canals, 
'*  together  with  the  annual  Reports  of  the  Canal  Commissioners  and  other  document?, 
*'  requisite  for  a  complete  official  history  of  those  works.  Also,  correct  Maps  delineating 
"  the  Routes  of  the  Erie  and  Champlain  Canals,  and  designating  the  lands  through  which 
"  they  pass.  Published  in  pursuance  of  the  *  Act  for  re-printing  the  Laws  and  other 
u  official  documents  relating  to  the  Erie  and  Champlain  Canals,'  passed  February  8, 1825.'* 
In  conformity  to  the  act  of  the  Congress  of  the  United  States,  entitled  "  An  act  for  the 
encouragement  of  learning,  by  securing  the  copies  of  Maps,  Charts,  and  Books,  to  the 
authors  and  proprietors  of  such  copies,  during  the  times  therein  mentioned  and  also, 
to  the  act  entitled  "  An  act  supplementary  to  an  act  entitled  «  An  act  for  the  encourage- 
ment of  learning,  by  securing  the  copies  of  Maps,  Charts,  and  Books,  to  the  authors  and 
proprietors  of  such  copies  during  the  times  therein  mentioned,'  and  extending  the  benefits 
thereof  to  the  arts  of  Designing,  Engraving  and  Etching  historical  and  other  prints." 

R.  R.  LANSING,  Clerk  • 
of  the  Northern  District  of  N.  York, 


AN  ACT 


DIRECTING  THE  PUBLICATION 

OF  THE 

l^aws^  Hepovts,  Document^  and  1&ugra\'mgs, 

RELATING  TO  THE 

ERIE  AMD  CHAMPLAIJi 

AN  ACT 

For  re-printing  the  taivs,  and  other  official  documents,  relating 
•  to  the  Erie  and  Champlain  Canals. 

Passed  February  8,  1825.  1825. 

v— ^  " 

I.  Be  it  enacted  by  the  people  of  the  State  of  New-York,  Dut> of  Secre- 
represented  in  Senate  and  Assembly,  That  the  Secretary  of  State tary  °  ta 
be,  and  he  is  hereby,  authorised  to  collect  and  cause  to  be  print- 
ed, all  the  laws  hitherto  passed,  or  which  may  be  passed  at  the 

present  session  of  the  Legislature,  in  relation  to  the  Erie  and 
Champlain  Canals ;  together  with  the  Annual  reports  of  the 
Canal  Commissioners ;  and  such  other  documents,  as  the  Joint 
Committee  on  Canals,  may  deem  requisite,  for  a  complete  official 
history  of  those  works. 

II.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the  prJ^dt0  1x5 
Joint  Committee  on  Canals,  on  being  furnished  by  the  Canal 
Commissioners  with  correct  maps,  delineating  the  routes  of  the 

Erie  and  Champlain  canals,  and  designating  the  lands  through 
which  they  pass,  whether  belonging  to,  or  conveyed  by,  individ- 
uals to  the  state,  or  for  which  damages  have  been  or  are  to  be 
appraised,  to  direct  the  Secretary  of  State  to  procure  the  same 
*o  be  engraved 


4 


canal  Laws,  kfc 


1825.       III.  And  be  it  further  enacted,  That  the  Treasurer  of  this 

*  — '  state  Pay?  °n  tne  warrant  of  the  Comptroller,  such  sum  or  sums 

pay  expenses,  of  money,  as  the  said  comptroller  may  deem  reasonable  and 
proper,  for  defraying  the  expense  of  preparing,  printing  and  en- 
graving the  laws,  reports,  documents  and  maps  aforesaid. 
Number  of      IV.  And  be  it  further  enacted,  That  the  number  of  copies  of  the 
fnd  how  to'be  'aws»  reports,  documents  and  maps,  authorised  to  be  printed  and 
disposed  of.    engraved  as  aforesaid,  shall  not  exceed  one  thousand  copies  ;  six 
copies  thereof  shall  be  furnished  to  the  Governor  and  Lieutenant 
Governor  of  this  state  ;  one  copy  thereof  to  the  clerk  of  each 
county  in  this  state,  for  the  use  of  such  county  ;  and  after  re- 
serving a  sufficient  number  of  copies  for  the  use  of  the  Senate 
and  Assembly,  and  for  the  state  Library,  that  the  residue  shall 
be  placed  at  the  disposal  of  the  Commissioners  of  the  Canal 
Fund,  to  be  distributed  in  such  manner  as  they  may  deem 
proper. 

Copy  right  to    V.  And  be  it  further  enacted,  That  the  Secretary  of  State 
^eBecured,&c*  shall  cause  the  copy  right  of  the  said  laws,  reports,  documents 
and  maps,  to  be  secured  according  to  law,  and  that  it  shall  be 
lawful  for  him  to  make  such  arrangement  with  the  publishers  in 
relation  thereto,  as  he  may  deem  for  the  interest  of  the  state. 


State  op  New-York, 

Secretary's  Office, 

I  certify  the  preceding  to  be  a  copy  of  the  engrossed  act,  de* 
posited  of  record  in  this  office,  Albany,  February  8,  1825. 

JOHN  V.  N.  YATES, 

Secretary  of  State-. 


CANAL  COMMITTEE. 

In  1825. 


NAMES  OF  THE 
JOUST  COMMITTEE  OA 
CANALS, 

Under  whose  direction  this  Work  is  published. 

CHARLES  E.  DUDLEY,  1 
CADWALLADER  D.  COLDEN,  \  %{n 
SAMUEL  WILKESON7 

•#•'1' 

JOHN  W.  HULBERT, 
CLAUDIUS  V.  BOUGHTON, 
CHESTER  HAYDEN. 
EZRA  SMITH. 
GEORGE  ZABRISKIE. 


Of  the 
Assembly. 


LAWS, 


LEGISLATIVE  PROCEEDINGS. 


OFFICIAL  DOCUMENTS, 


ON  THE  SUBJECT  OF  INTERNAL  .NAVIGATION  IN  THE 


State  of  Jicto  Sotfc. 


I. 


In  Assembly,  February  4,  1808.    \  v— 

.Mr.  Forman,  called  up,  for  consideration,  the  following  reso-  Recital 
lution,  heretofore  submitted,  and  ordered  to  lie  on  the  table ; 
which  being  read,  was  agreed  to,  in  the  words  following,  to  wit : 
Whereas  the  President  of  the  United  States,  by  his  message  to 
congress,  delivered  at  their  meeting  in  October  last,  did  recom- 
mend, that  the  surplus  monies  in  the  treasury,  over  and  above 
such  sums  as  could  be  applied  to  the  extinguishment  of  the  na- 
tional debt,  be  appropriated  to  the  great  national  objects  of  open- 
ing canals  and  making  turnpike  roads.  And  whereas  the  state 
of  New-York,  holding  the  first  commercial  rank  in  the  United 
States,  possesses  within  herself  the  best  route  of  communication 
between  the  Atlantic  and  western  waters,  by  means  of  a  canal 
between  the  tide  waters  of  the  Hudson  river  and  lake  Eric, 
througn  which  the  wealth  and  trade  of  that  large  portion  of  the 
union,  bordering  on  the  upper  lakes,  would  forever  flow  to  our 
great  commercial  emporium.  And  whereas  the  legislatures  of 
several  of  our  sister  states  have  made  great  exertions  to  secure  to 
their  own  states,  the  trade  of  that  widely  extended  country,  west 
of  the  Allegany,  under  natural  advantages  vastly  inferior  to  thos< 
of  this  state.  And  whereas  it  is  highly  important,  that  those  ad- 
vantages should,  as  speedily  as  possible,  be  improved, both  to  pre- 
serve and  increase  the  commercial  and  national  importance  of 
this  state.  Therefore, 

Resolvtd,  (if  the  honorable  the  senate  concur  herein.)  That  a  Joint conttii 

,  ,  .  •  i        •        i  tee  appointed 

joint  committee  be  appointed  to  take  into  consideration  the  pro- 
priety of  exploring  and  causing  an  accurate  snrvev  to  be  made. 


CANAL  LAWS,  &e; 

1808.    of  the  most  eligible  and  direct  route  for  a  canal,  to  open  a  com- 

— v  '  munication  between  the  tide  waters  of  the  Hudson  river  and 

Lake  Erie,  to  the  end  that  congress  may  be  enabled  to  appropri- 
ate such  sums  as  may  be  necessary  to  the  accomplishment  of  that 
great  national  object,  and  in  case  of  such  concurrence,  that  Mr. 
Gold,  Mr.  Gilbert,  Mr.  Forman.  Mr.  German  and  Mr.  Hoge- 
fcoom,  be  a  committee  on  the  part  of  this  house. 


In  Senate,  February  5,  1808. 
Senate  concur.    Resolved,  That  the  senate  do  concur  with  the  honorable  the 
assembly  in  their  preceding  resolution,  and  that  Mr.  Taylor,  Mr* 
Nicholas,  and  Mr.  Ward,  be  of  the  said  committee  on  the  part 
of  the  senate. 


II. 

In  Assembly,  March  21,  1808. 
Report  oi  joint  Gold,  from  the  joint  committee,  of  the  senate  and  assem- 

committee.  bly?  appointed  to  take  into  consideration  the  propriety  of  ex- 
ploring and  causing  to  be  made  an  accurate  survey  of  the  most 
eligible  and  direct  route  for  a  canal  to  open  a  communication 
between  the  tide  waters  of  the  Hudson  and  Lake  Erie,  reported. 
That  the  subject  referred  to  the  committee,  in  whatever  light 
it  is  viewed,  may  justly  be  considered  of  the  first  importance,  both 
to  the  interests  of  the  United  States  and  the  state  of  New-York- 
While  this  subject  presents  to  the  government  of  the  United  States, 
in  removing  natural  barriers  and  drawing  together  and  preserv- 
ing in  political  concord,  the  distant  parts  of  a  widely  extended 
empire,  an  object  inviting  to  patriotism  and  interesting  to  its  re- 
putation, the  commercial  interests  of  this  state  impel  to  the  most 
strenuous  efforts  in  promoting  the  same  object. 

In  tracing  the  vestiges  of  ancient  states,  in  whose  councils  mu- 
nificence, guided  by  wisdom,  presided  the  remains  of  commercial 
improvement  in  public  canals  and  other  undertakings,  mark  the 
advanced  state  of  society,  and  will  attest  the  empire  of  the  arts 
of  peace.  While  military  achievement  has  shed  lustre  on  nations, 
works  of  public  utility,  tending  to  the  happiness  and  welfare  of 
society,  record  the  exercise  of  superior  virtues,  and  afford  better 
monuments  of  true  and  lasting  glory.  With  these  sentiments  the 
citizens  of  this  state  have  witnessed  with  high  satisfaction  the  con- 
duct, of  the  ex^cutivr  of  the  United  States,  in  recommending  an  ap- 


CANAL  LAWS,  fee. 


propriation  ol'  a  portion  of  the  surplus  revenue,  for  improving  by  1808. 
canals,  the  inland  navigation  of  the  country.    While  we  forbear  V^v^^ 
to  derogate  from  the  claims  of  others,  we  feel  ourselves  well  war- 
ranted in  presenting  to  the  government  of  the  Union,  the  state  of 
New-York  as  preeminently  distinguished  on  the  map  of  our 
country  for  its  commercial  advantages. 

Along  the  extended  route  of  a  contemplated  canal  from  Hud- 
son river  through  the  waters  of  the  Mohawk,  and  the  intermedi- 
ate lakes  to  lake  Erie,  is  presented  to  the  eye  of  the  traveller,  a 
country  unequalled  for  fertility,  in  so  great  extent,  in  any  part  of 
the  United  States,  and  not  surpassed  it  is  believed  by  the  fairest 
regions  of  the  eastern  world. 

Such  are  the  commercial  advantages,  such  the  distinguished 
fertility  of  the  lands  contiguous  to  our  navigable  waters,  which, 
with  the  extensive  country  bordering  on  the  great  lakes,  afford  to 
the  United  States  sure  pledges,  not  only  of  reimbursing  the  ex- 
penditures in  improvement,  but  of  national  revenue  at  some  future 
period,  on  a  failure  from  external  commerce. 

Deeply  impressed  with  the  importance  of  the  subject  before 
the  committee,  and  encouraged  by  the  above  recommendation, 
the  committee  are  of  opinion,  that  speedy  measures  ought  to  be 
adopted  on  the  part  of  this  state  for  ascertaining  the  best  route  of 
communication  by  canals  between  the  tide  waters  of  Hudson 
river,  and  the  great  western  lakes,  and  for  making  accurate  sur- 
veys and  charts,  to  be  transmitted  to  the  president  of  the  United 
States  ;  for  which  purpose  the  committee  have  directed  their  chair- 
man to  present  a  resolution  for  the  consideration  of  the  house, 
Ordered,  That  leave  be  given  to  present  the  same. 
Thereupon,  Mr.  Gold  presented,  and  the  house  unanimously 
agreed  to,  the  following  resolution. 

Resolved,  (if  the  honorable  the  senate  concur  herein)  That  Res0iutI0a 
the  surveyor-general  of  this  state  be  and  he  is  hereby  directed  to  adoPted- 
cause  an  accurate  survey  to  be  made  of  the  rivers,  streams  and 
waters,  (not  already  accurately  surveyed)  in  the  usual  route  of 
communication  between  the  Hudson  river  and  lake  Erie,  and 
such  other  contemplated  route  as  he  may  deem  proper,  and  cause 
the  same  to  be  delineated,  on  charts  or  maps  for  that  purpose, 
accompanying  the  same,  with  the  elevations  of  the  route,  and 
such  explanatory  notes  as  may  be  necessary  for  all  useful 
information  in  the  premises — of  which  one  copy  shall  be  filed  in 
the  office  of  the  secretary  of  this  state,  and  another  transmitted  to 


CANAL  LAWS,  fcc. 


1808.    the  president  of  the  United  States,  which  the  person  administering 
the  government  of  this  state  is  hereby  requested  to  do. 

Ordered,  That  the  clerk  deliver  a  copy  of  the  preceding  resolu- 
tion to  the  honorable  the  senate,  and  request  their  concurrence. 


In  Senate,  March  22,  1808. 
Postponed  by    The  consideration  of  the  foregoing  resolution  was  called  for 

the  senate.       ^  postponed. 


In  Senate,  April  6,  1808. 

The  senate  then  took  up  the  consideration  of  the  resolution  of 
the  honorable  the  assembly,  of  the  21st  March  last,  directing  the 

Concurred  in  .  ,  ,      v  . 

by  the  senate,  surveyor-general  to  cause  an  accurate  survey  to  be  made  of  the 
rivers,  streams  and  waters  (not  already  accurately  surveyed)  in 
the  usual  route  of  communication  between  Hudson  river  and 
lake  Erie,  and  such  other  contemplated  route  as  he  may  deem 
proper,  and  cause  the  same  to  be  delineated  on  charts  or  maps 
for  that  purpose  accompanying  the  same,  with  the  elevations  of 
the  route,  and  such  explanatory  notes  as  may  be  necessary  for  all 
useful  information  in  the  premises.  Whereupon, 

Mr.  Peck  made  a  motion  that  the  further  consideration  of  the 
said  resolution  be  postponed  until  the  next  session  of  the  legisla- 
ture. 

Debates  were  had  thereon,  and  Mr.  President  having  put  the 
question,  whether  the  senate  would  agree  to  the  said  motion,  it 
passed  in  the  negative,  in  the  manner  following  to  wit : 

For  the  negative, 
Mr.  Ballard,  Mr.  L'Hommedieu. 

Mr.  Brett,  Mr.  Locke, 

Mr.  Brewster,  Mr.  M'Lean, 

Mr.  Buell,  Mr.  Nicholas, 

Mr.  Burt,  Mr.  Rea, 

Mr.  Clinton,  •  Mr.  Snell, 

Mr.  Gebhard,  Mr.  Taylor, 

Mr.  Graham,  Mr.  Thoma>, 

Mr.  Hogeboom.  Mr.  Veeder, 

Mr.  Kellogg.  Mr.  Williams.  20 


Division  on  if, 


CANAL  LAWS,  &c. 


For  (lie  affirmative.  1B03. 
Mr.  Adams,  Mr.  Seidell,  v 

Mr.  Barlow,  Mr.  Smith, 

Mr.  Coe  Mr.  Thorn, 

Mr.  Comstock,  Mr.  Ward. 

Mr.  Peck.  9 

Thereupon,  Resolved,  that  the  senate  do  concur  with  the  hono- 
rable the  assembly  in  their  said  resolution. 

Ordered,  That  the  clerk  deliver  a  copy  of  the  preceding  reso- 
lution of  concurrence  to  the  honorable  the  assembly. 


Extract  from  the  Act  of  April  11,  1808,  chap.  240. 

[Session  31.  page  349.] 

And  be  it  further  enacted,  That  it  shall  and  may  be  lawful  for 
the  treasurer  of  this  state,  on  the  warrant  of  the  comptroller,  to  f(£6t^  expense 
pay  to  the  surveyor-general  of  this  state,  such  sum  or  sums  of&c- 
money  as  he  may  require,  to  enable  him  to  execute  any  duties 
enjoined  upon  him,  by  law,  or  resolution  of  the  two  houses,  at 
the  present  session  of  the  legislature,  not  exceeding  in  the  whole 
the  sum  of  six  hundred  dollars. 


III. 

TO  JAMES  GEDDES,  Esqr, 

Sir, 

I  have  appointed  you  to  make  the  surveys,  and  take  the  levels  Surveyor  On- 

...  .  _       .  eral  appoints 

requisite  to  carry  into  execution  the  views  expressed  by  the  con-  J.  GnUm  to 
current  resolutions  of  the  Senate  and  Assembly,  of  the  21stofexplore' &c* 
March  last,  in  regard  to  a  communication  by  canals,  between 
lake  Erie  and  Hudson's  river. 

As  the  provision  made  for  the  expenses  of  this  business  is  not 
adequate  to  the  effectual  exploring  of  the  country  for  this  pur- 
pose, you  will  in  the  first  place  examine  what  may  appear  to  be 
the  l?est  place  for  a  canal  from  Oneida  lake,  to  lake  Ontario,  in 


CANAL  LAWS,  &c. 


1808.  tiie  town  of  Mexico,  and  take  a  survey  and  level  of  it:  Abo. 
whether  a  canal  cannot  be  made  between  the  Oneida  lake  and 
Oswego,  by  a  route  in  part  to  the  west  of  the  Oswego  river,  so 
as  to  avoid  those  parts  along  it  where  it  will  be  impracticable  to 
make  a  good  navigation.  The  next  object  will  be  the  ground 
between  lake  Erie  and  lake  Ontario,  which  must  be  examined 
with  the  view  to  determine  what  will  be  the  most  eligible  track 
for  a  canal,  from  below  the  Niagara  Falls,  to  lake  Erie.  If 
your  means  will  admit  of  it,  it  would  be  a  desirable  thing  to  have 
a  level  taken  throughout  the  whole  distance  between  the  two 
lakes. 

As  Mr.  Joseph  Ellicott  has  given  me  a  description  of  the 
country  from  the  Tonnewanta  creek  to  the  Genesee  river,  and 
pointed  out  a  route  for  a  canal  through  that  tract ;  it  is  of  impor- 
tance to  have  the  continuation  of  it  explored  to  the  Seneca  river. 
No  levelling  or  survey  of  it  will  be  necessary  for  the  present.* 
It  must  be  left  as  a  work  by  itself,  to  be  undertaken  hereafter, 
should  the  government  deem  it  necessary.  A  view  of  the  ground 
only,  with  such  information  as  may  be  obtained  from  others,  is 
all  that  can  now  be  required  of  you. 

SIMEON  DE  WITT, 

Surveyor  General* 

June  11, 180S, 

*  Because  the  appropriation  will  probably  by  this  time  be  exhausted. 


canal  laws,  a* 


13 


iy  1809. 

Report  of  James  Geddes  to  the  Surveyor  General,  with  Appen- 
dices A,  B,  C,  in  1809,  on  the  inland  no  ligation  between  Hud- 
son's river  and  lake  Erie,  made  pursuant  to  concurrent  resolutions 
of  the  Senate  and  Assembly  of  2 1st  March  and  6th  April,  1808. 

SIMEON  DE  WITT,  Esquire, 
Surveyor  General. 

Sir, 

111  obedience  to  your  instructions,  relative  to  "  making  the  j.  cedde*' 
"  surveys  and  taking  the  levels  requisite  to  carry  into  execution  RePort- 
"  the  views  expressed  by  concurrent  resolutions  of  the  senate 
"  and  assembly,  of  the  21st  March,   1808,  in  regard  to  a 
"  communication  by  canals  between  lake  Erie  and  Hudson's 
"  river,"  I  respectfully  submit  the  following  report. 

In  the  several  papers  marked  A,  B,  C,  are  contained  tho 
particulars  relating  to 

1 .  A  communication  between  lake  Oneida  and  lake  Ontario. 

2.  The  Niagara  river. 

3.  An  interior  route,  without  descending  to,   or  passing 
through,  lake  Ontario. 

In  these  pages  a  more  general  view  is  taken  of  each. 

A  COMMUNICATION  BETWEEN  ONEIDA  LAKE  AND 
LAKE  ONTARIO. 


Ever  since  the  "  cutting  a  canal  on  the  adjacent  shore*7  of  the 

1st  i 

"teport 


Oswego  river  has  been  pronounced  "  absolutely  impracticable,"  J**  ^eran( 
hopes  have  been  entertained  of  finding  a  route  from  Oneida  lake 
to  lake  Ontario,  so  favourable,  that  although  "the  distance  is  22 
"  miles,  it  was  expected  that  the  line  of  the  canal  would  not 
"  exceed  26  miles."* 

Between  Rotterdam  on  lake  Oneida,  and  Salmon  Creek  on 
lake  Ontario,  I  find  die  summit  110  feet  above  the  level  of 
Oneida  lake  ;  or  50  feet  above  the  summit  pound-lock  at  Rome. 
Now,  admitting  there  was  water  sufficient  to  supply  the  summit 
between  Oneida  and  Ontario,  yet  220  feet  of  extra  lockage,  add- 
ed to  124  feet  which  Oneida  lies  above  Ontario,  makes  344  feet 
of  lockage,  an  objection  to  the  route  which  will  mo<t  probably 

•  Mr.  Gallatin's  rrpnrt,  nacre  4-1. 


14 


CANAL  LAWS,  &c. 


1809.  be  considered  insuperable.  The  extra  lockage  alone,  would 
— v — GoSt  sufficient  to  excavate  22  miles  of  canal,  agreeably  to  esti- 
mates of  Mr.  Gallatin.  This  ridge  of  land  can  be  traced  to 
Oswego  Falls,  as  appears  on  a  map  with  the  papers  A,  on  which 
are  the  particulars  of  the  levelling  along  the  road  from  Rotter- 
dam towards  said  summit. 

From  Oneida  lake,  following  Oneida  river  and  the  valley  of  the 

Oswego  river. 

The  rapid  at  the  west  end  of  the  Oneida  lake  falls  not  quite  18 
inches,  and  there  is  something  over  a  foot  more  of  fall  to  the 
Caughanoy  reef,  making  only  30  inches  that  Oneida  lake  can  be 
lowered  very  easily. 

From  Oneida  lake  to  Three  River  Point,  [distance  estimated] 
is  as  follows : 


DISTANCE. 

FALL. 

Miles. 

Feet. 

The  lake  reef 

0  1-4 

1  1-2 

To  head  of  Caughanoy  reel 

3  1-2 

1 

Caughanoy  reef 

0  1-2 

3  1-2 

To  head  of  oak-orchard  reef 

5 

0  2-3 

Oak-orchard  reef 

0  3-4 

2  1-4 

To  the  bottom  of  Oak  Point  reef 

2 

1 

To  Three  River  Point 

G 

1  2-3 

Add  for  the  rise  of  the  water  while  level- 

ling down 

0  11-12 

18 

12  1-2 

From  Three  River  Point  to  Oswego,  as  follows  : 

To  the  head  of  Three  River  reef  is  2  1-4 

miles,  the  fall  nearly  2  feet.    The  reef  is 

3-4  of  a  mile  long,  the  fall  5  1-4  feet. 

The  bottom  here  is  solid  rock.  Good  stone 

for  building.    The  river  rods  wide 

3 

7  1-4 

Thence  to  the  lower  end  of  the  shallow 

below  Horse-Shoe  reef,  and  head  of  the 

deep  water  above  the  falls,  is 

G 

6  1-2 

Good  building  stone  2  miles  above. 

Thence  to  the  head  of  the  falls, 

3 

0  1-2 

Carried  over, 


CANAL  LAWS,  &c. 


15 


DISTANCE. 

Miles. 

Brought  forward, 

Thence  to  the  lower  landing  ot"  the  portage,  11-2 

Thence  to  Mooney's  Bay,  11-2 

This  bay  is  generally  from  f)0  to  100  rods 
wide,  and  from  15  to  20  feet  deep,  ap- 
proaching so  much  towards  a  lake,  that 

•   there  is  scarcely  any  perceivable  fall  in  it  2 

Thence  almost  a  continued  rapid  to  Oswego,  7 

42 

This  distance,  in  Mr.  Gallatin's  report,  is  called  63  miles  : 
perhaps  an  error  of  the  press. 

Whatever  may  be  done  by  building  weirs  and  making  locks, 
so  as  to  improve  the  natural  channel  between  Oneida  lake  and 
Oswego  falls;  from  the  falls  to  Ontario,  there  must  be  aside-cut 
the  whole  way.  Even  the  two  miles  of  still  water  in  Mooney's 
Bay  cannot  be  improved,  as  this  would  sink  the  canal  so  low,  that 
it  could  not  again  be  got  out  of  the  valley  in  w  hich  the  Oswego 
flows.  Indeed,  the  last  four  miles  deserves  not  the  name  of  a 
valley;  it  is  more  properly  a. rocky  ravine,  through  which  tho 
river  is  precipitated  with  the  velocity  produced  by  a  fall,  which, 
in  one  place,  is  nearly  eight  feet  in  half  a  mile. 

The  only  practicable  route  I  have  discovered,  is  on  the  west 
side  of  the  river.  In  numbers  8,  14  and  1 5  Hannibal  two  miles 
from  the  lake,  there  is  a  cranberry-marsh,  the  nearest  part  to 
the  river  of  which  is  about  half  a  mile.  This  marsh  empties 
itself  southerly,  by  an  outlet  running  nearly  parallel  with  the 
river,  until  when  about  four  miles  from  the  lake,  turning  east- 
wardly,  it  empties  itself  into  the  river.  See  the  Map  in  paper  A. 
Within  a  few  rods  of  the  north  end  of  said  cranberry-marsh,  lie-: 
a  black  ash  swamp,  on  the  same  level  or  a  little  lower,  which 
empties  northwardly  to  the  lake.  These  marshes  are  9  feet  lower 
than  the  head  of  the  falls,  and  the  ridge  which  separates  them 
from  the  river,  falls  so  low,  near  a  mile  from  the  lake,  that  a  canal 
led  through  the  valley  of  these  marshes  can  be  brought  round  tho 
end  of  said  ridge,  and  from  thence,  very  direct  into  the  harbor  of 
Oswego.  The  chief  difficulty,  is  to  get  from  the  falls  into  tin- 
valley  of  the  marshes.  It  would  require  5  embankments,  with  a 
*mall  aqueduct  arch,  or  rather  culvert,  under  each  of  them. 


TALL. 

Feet. 


1809. 


37 


0  1-4 


57 


124 


10 


CANAL  LAWS,  toe. 


1809.        The  embankments  are  as  follows  : 

— 1.  328  yds.  long.  25  feet,  highest  place.  6  feet,  average  height. 

2.  268      do.        16  do.  7  3-4  do. 

3.  136      do.       27  1-2     do.  13  1-2  do. 

4.  136      do.        10  do.  6  do. 

5.  About  equal  to  the  last  one  mentioned,  and  is  over  the  out- 
let of  the  Fish  lake.  Across  the  ridge,  that  lies  between  this 
outlet  and  the  river,  is  a  piece  of  deep-cutting,  14  chains 
long,  19  feet  deepest  place,  8  feet  average  depth,  the  stuff  very 
easy  to  move.  But  the  greatest  obstacle  is  the  first  34  1-2  chains 
below  the  falls,  Calculation  on  which  will  be  attended  with  great 
uncertainty,  owing  to  the  solid  rock,  or  easier  moved  stuff  that  may 
occur.  The  lowest  16  chains  of  this  distance,  is  a  bank  of  from 
55  to  65  perpendicular  feet  in  height,  rising  generally  in  an  angle 
of  54°  from  the  horizon.  This  bank'  is,  towards  the  bottom, 
perhaps  all  a  solid  rock  of  red  grit  stone.  In  executing  this,  it 
must  be  wholly  . a  case  of  embankment,  the  entire  base  of  which 
would  be  in  the  river.  But,  as  the  river  never  rises  more  than 
18  inches  here,  and  stone  is  in  abundance  all  along  the  shore 
from  the  falls  down,  at  a  small  expense,  it  will  be  effectually 
secured  against  the  ravages  of  the  stream.  The  canal  here 
would  have  to  be  from  24  to  27  feet  above  the  bed  of  the  river ; 
and  as  the  whole  stuff  can  be  precipitated  from  the  bank  above,  it 
will  be  done  much  cheaper  than  by  the  deep-cutting  proposed  on 
the  east  side  of  the  river,  where  a  canal  has  been  planned  :  the 
deepest  cutting  in  which  would  be  22  feet,  and,  most  probably, 
near  half  of  it  in  the  solid  red  grit-rock,  where  stone  cutters  are 
working  in  the  bank  opposite  to  it.  A  good  deal  of  expense 
would  be  incurred  to  prevent  slips,  where  the  canal  must  be  car- 
ried along  sideling  ground.  About  half  a  mile  below  the  falls, 
but  some  chains  back  from  the  river,  begins  a  distance  of  42 
chains,  the  surface  of  which  lies  uniformly  in  an  angle  of  24°  with 
the  horizon.  But  this  is  trifling,  compared  with  89  chains  below 
Broadstreet's  Island,  50  chains  of  which  is  from  80  to  90  feet, 
perpendicular  height,  and  the  angle  with  the  horizon  uniformly 
about  30°.  This  bank  falls  gradually  to  nothing  in  9  chains  at 
the  north  end,  and  the  like  in  the  other  30  chains  at  the  south 
end.  This  is  all  sand,  and  appears  to  have  received  this  form  in 
time,  by  the  river  undermining  and  carrying  away  its  base,  while 
the  stuff  slipping  from  above  was  of  a  nature  to  form  said  angle. 
The  canal  here  would  be  36  feet  above  the  surface  of  the  river. 


CANAL  LAWS,  fee. 


17 


1  have  supposed  this  would  be  easier  done  in  the  nature  of  deep  1809. 
cutting,  rather  than  of  embanking,  which  would  require  the  earth  *^v*^ 
to  be  removed  to  the  depth  of  44  feet  in  the  deepest  place,  and 
thrown  over  the  bank,  where  it  would  slip  down  into  the  river  and 

be  carried  away.  All  this,  and  3  or  4  miles  above,  would  need 
lining.  At  the  lower  end  of  this  bank,  I  propose  the  lock 
for  sinking  to  the  level  of  the  cranberry  marsh.  About  half  a 
mile  further  down,  but  out  from  the  river,  begins  another  piece 
of  steep  hill-side.  It  is  59  chains  long;  much  of  it  is  nearly  as 
hteep  as  the  last  described,  but  the  nature  of  the  soil  is  such  that 
it  will  not  be  so  liable  to  slip  as  the  sandy  bank  above. 

There  is  one  embankment  more  to  be  mentioned  ;  it  is  about 
half  a  mile  from  Oswego  village,  is  373  yards  long,  14  feet  in 
the  highest  place,  the  average  height  10  feet.  It  would  be  at- 
tended with  the  difficulty  of  not  having  spare  stuff  at  hand  to 
form  it.  Just  above  this,  I  have  planned  the  place  for  3  locks,  of 
8  feet  lift  each.  If  it  should  be  thought  advisable  to  make  them 
of  9  feet  each,  3  feet  would  be  taken  off  the  height  of  the  em- 
bankment, and  the  spare  stuff  for  it  would  be  furnished  by  a 
short  distance  of  3  feet  deep-cutting  at  each  end.  In  sight  of 
Oswego,  would  be  all  the  remaining  locks.  To  get  them  placed 
100  yards  apart  each,  the  circuitous  track  that  is  marked  on  the 
Map,  would  have  to  be  pursued. 

At  a  small  expense,  when  compared  with  the  object,  a  basin  or 
dock  of  6  acres  or  more,  may  be  formed  in  the  village,  similar  to 
the  London  Docks.*  The  proposed  bottom  would  be  9  feet  above 
the  level  of  the  surface  of  the  lake,  and  to  have  9  feet  water  in 
the  doc!:  for  schooners,  &c.  they  would  have  to  be  locked  up  by 

2  locks  of  9  feet  lift  each.  Three  sides  of  this  basin  being  alrea- 
dy formed  almost  completely  by  the  adjoining  high  lands,  the 
chief  to  be  done  would  be  the  building  of  a  bank  or  wharf  from 
6  to  8  feet  high,  [to  the  top  water  line]  and  440  yards  long. 

Absolute  necessity  would  call  for  this  in  time,  on  account  of 
the  smallness  of  the  Oswego  harbor,  which,  after  wharfing,  will 

y  "  The  London  Docks,  or,  as  they  are  sometimes  called,  the  Wapping  Dock*. — The 
44  Great  dock  covers  about  24  acres  of  surface  ;  the  water  in  it  is  23  feet  deep.  The 
"  surface  is  kept  about  3  feet  above  the  ordinary  level  of  the  tides  by  a  powerful  steam- 
"  engine,  and  the  bottom  of  the  dock  is  about  15  inches  above  low-water  i;iark  in  the  river. 
*'  The  whole  of  the  site  of  these  docks,  was  covered  either  with  streets  and  house*,  or 
"  gardens,  and  which  the  company  had  to  purchase  for  immense  sums  of  money." 

Rccs'  Clyrlopcdia,  Art.  Cane! 

a 
o 


IS 


CANAL  LAWS,  &c. 


1809.  not  cover  more  than  16  or  18  acres.  Should  this  place  be  made 
V^v-^^  the  emporium  of  all  these  lakes,  by  means  of  the  improvements 


contemplated,  its  distinguishing  characteristics  would  undoubt- 
edly be 

"  noise  and  hurry  all, — the  throng' d  street, 

"  The  close-pil'd  warehouse,  and  the  busy  shop." 

The  lockage  water  would  have  to  be  taken  from  the  river  and 
drawn  through  the  whole  length  of  the  canal.  The  Fish  lake 
is  a  handsome  natural  reservoir  of  more  than  500  acres,  and  21 
feet  above  the  level  of  the  top  of  the  falls.  But  the  feeder  would 
have  to  be  near  2  miles  long,  and  must  enter  the  canal  not  more 
than  that  distance  from  its  head.  A  little  water  at  all  times  is 
afforded  by  the  Cranberry-marsh,  and  a  few  small  springs  along 
the  line,  which  is  all  that  can  be  got  with  any  reasonable 
expense. 


2d  Branch  of  After  having  finished  the  levelling  of  this  river  from  Schlos- 
the  Report.  ser  t0  Lewjstown,  and  finding  the  fall  so  much  less  than  what  it 
had  been  stated  to  be,  I  carefully  went  over  it  again  from  the 
brow  of  the  mountain  above  Lewistown  to  the  landing,  and  found 
the  result  each  time  almost  exactly  the  same,  so  that  I  pretty  con- 
fidently state  the  summit  of  the  mountain,  where  the  road  passes 
over  it,  to  be  345  feet  above  the  surface  of  the  water  at  the 
wharf  at  Lewistown.  The  fall  from  the  still  water  at  Schlosser, 
to  the  still  water  at  Lewistown,  I  make  31?  feet.  At  the  end  of 
lake  Erie,  (called  Black  Rock)  is  the  principal  rapid  above 
Schlosser.  From  the  upper  to  the  lower  storehouses  of  the 
portage  company,  is  a  little  over  a  mile  and  a  half.  In  this  dis- 
tance the  fall  is  4  feet  7  inches.  To  make  an  experiment  on  this 
rapid,  there  was  measured  from  14  chains  below  the  upper  store- 
house to  the  Ferry,  f  of  a  mile,  and  from  the  Ferry,  half  a  mile 
further  down.  In  these  five  quarters,  the  velocity  was,  in  each 
quarter,  and  the  fall  in  each  half  mile,  as  follows  : 


NIAGARA  RIVER. 


The  object  floated  through  the 


Minutes. 

1st  quarter     in  4£  > 

2d      do.        in  3}  S 


the  tall 


Feet. 


Inches, 


* 


CANAli  LAWS,  Sec. 


Minutes.  Feet.      Inches*  1809. 

g         "l     *  J    thefa11      1  «-8 

4th     do.        id  2f  J 

5th      do.        iD  ") 

Remainder  of  the  distance  to  the  lower  store-  >  0  6.3£ 
house  the  fall  is  ) 
By  which  it  appears,  that  the  velocity  of  the  water  through 
the  second  half  mile,  exceeds  the  first,  although  the  fall  is  less, 
caused,  doubtless,  by  the  motion  of  the  water  acquired  in  passing 
through  the  first,  at  the  beginning  of  which,  it  had  only  just 
began  to  move  from  the  dead  lake.  The  velocity  of  the  quarter 
immediately  above  the  ferry,  is  at  the  rate  of  6|  miles  per  hour. 
But  a  light  easterly  breeze  having  prevailed  over  night,  the  lake 
waters  were  said  to  be  receding  from  the  lower  end,  and  the  cur- 
rent in  the  outlet  consequently  of  rather  less  velocity  than  common. 
When  the  reverse  is  the  case,  the  swiftest  part  of  the  current  is 
prol  'y  7  miles  an  hour,  as  the  seamen  generally  say.  How- 
ever, the  levelling  was  gone  over  again  when  a  breeze  the  other 
way  prevailed,  and  the  result  was  nearly  the  same.  The  surface 
of  the  lake  may,  perhaps,  be  estimated  at  6  or  8  inches  higher 
still  than  the  head  of  my  levelling. 

From  Black  Rock  lower  storehouse  to  Schlosser,  an  estimate 
was  made  of  the  fall  per  mile  by  trying  the  velocity  of  the  cur- 
rent in  places,  and  levelling  and  sounding  the  same.  It  is  put  at 
6  inches  per  mile  on  an  average,  or  9  feet  for  the  whole  distance, 
which  being  added  to — say  6  feet  above,  is  15  feet;  which, 
added  to  317  feet,  makes  from  the  lake  to  Lewistown  332  feet. 

From  Lewistown  to  the  garrison  at  the  mouth  of  the  river, 
the  stream  is  remarkably  uniform  in  depth,  width,  and  velocity 
of  current,  but  more  particularly  in  the  shape  of  the  banks. — 
On  the  east  side,  the  beach  is  so  uniformly  from  20  to  30  inches 
higher  than  the  water,  and  the  shore  so  bold,  that  schooners, 
when  the  wind  is  unfavourable,  are  drawn  up  by  oxen  the  whole 
distance.  The  common  estimation  of  the  current,  is  2  miles,  or 
something  more  per  hour,  and  a  depth  of  10  or  12  fathoms  water 
generally.  The  current  seldom  delays  vessels,  only  two  being 
towed  up  last  season.  Great  advantage  is  taken  of  the  eddies, 
or  strong  counter-currents,  in  so  many  places  along  the  shore. 
A  few  hundred  dollars  laid  out  in  cutting  away  the  branches  of 
trees  that  project  over  the  water,  or  raising  the  path  in  some  pla- 
ces where  the  oxen  have  to  travel  in  the  water,  particularly  in  2 


CANAL  LAWS,  ice 


1809.    or  o  places  where  they  have  to  swim,  is  all  that  will  ever  probably 
«y— ^  be  needed  on  this  part  of  the  navigation.    The  width  and  great 
depth  of  the  river  here,  considered,  makes  2  feet  fall  in  the  six 
miles,  perhaps  a  large  allowance.    This  would  make  from  lake 
to  lake  334  feet  fall. 

The  portage  road  from  Lewistown  up  to  Schlosser,  following 
it?  windings  up  the  mountain,  is  nearly  8  miles.  From  Schlosser 
up  to  lake  Erie,  the  great  obstruction  to  the  navigation  is  the 
Black-Rock  Rapid,  at  the  entrance  into  the  lake.  Except  half 
a  mile  just  above  Schlosser,  the  whole  distance  to  the  lake,  20 
miles,  is  water  20  and  30  feet  deep,  sufficient  to  carry  any  thing 
that  swims  the  lake,  but  the  current,  more  particularly  the  rapid 
at  the  entrance  into  the  lake,  makes  it  unsafe  for  any  lake  vessel 
to  enter  this  river,  as  half  a  season  might  pass  away  waiting  for 
a  wind  sufficiently  strong  and  fair  to  carry  her  back  into  the 
lake  again.  If  a  towing-path  was  made  on  the  bank,  a  heavy 
vessel  might  be  towed  from  near  Schlosser  to  the  lower  store- 
house at  Black-Rock  ;  but  great  power  must  be  applied  to  draw 
her  to  the  upper  store-house,  through  a  current  of  7  miles  per 
hour  :  then  there  is  not  depth  sufficient,  near  enough  the  shore  at 
this  place. 

The  navigation  is  now  carried  on  in  boats  of  from  20  to  25 
tons  each.  The  largest  carries  180  barrels  of  salt,  is  manned 
generally  b}7  7  men,  who  will  set  her  up  to  the  lower  store-house 
in  12  hours,  and  row  her  down  again  in  4.  But  owing  to  the 
great  difficulty  between  the  lower  and  upper  store-houses,  at 
Black  Rock,  this  boat  generally  makes  not  more  than  5  trips 
a  fortnight.  In  the  most  difficult  part  of  this  rapid,  there  is  now 
a  rope  of  75  fathoms,  fastened  with  a  ring  and  bolt,  let  into  a 
rock  in  the  bottom,  by  which  a  boat  with  half  a  load  is  drawn 
through  the  ripple  by  the  hands  on  board.  The  sum  per  barrel 
paid  the  boat  owners  is  25  cents  ;  and  the  waggoners  on  the  por- 
tage have  3H  cents.  But  the  whole  charge  of  the  portage  com- 
pany for  wharfage,  extras,  &:c.  is  75  cents  per  barrel  for  salt, 
one  dollar  per  barrel  for  other  merchandize,  from  Lewistown  to 
Black  Rock. 

Several  difficulties  would,  attend  a  sloop  canal  begun  at  the 
end  of  the  lake.  The  first  mile  and  a  half  is  all  rock,  lime  and 
Hint  mixed  :  there  is  little  of  it  as  high  as  the  top  water  line  of 
the  canal  would  be,  and  little  of  it  much  lower.  But  a  greater 
difficulty,  would  be  the  long  distance  all  the  way  to  Tonnewanta 


CANAL  LAWS,  fee, 


21 


creek,  x  0  miles)  before  a  canal  could  be  got  clear  ol'  the  river.  1809. 
Wherever  the  flats  are,  which  is  near  half  the  distance,  they  would  v— ■ 
be  a  preservative  ;  but  all  the  rest  of  the  way,  the  bank  next  the 
river  would  have  to  be  faced  with  stone,  to  preserve  it  from  the 
ravages  of  the  stream,  wliich  at  times  is  by  violent  storms  of 
wind  on  the  lake,  raised  more  than  6  feet  above  its  common 
level.  After  crossing  the  Tonnewanta  on  an  aqueduct,  from  the 
mouth  of  this  creek  down,  the  work  might  be  brought  on  shore, 
but  with  pretty  deep  cutting  to  the  White  Oak  Bluff,  3  miles. 
From  this  down  it  would  work  easy,  the  surface  of  the  ground 
being  exceedingly  level  to  below  the  Cayuga  Island,  where  a 
course  across  Gill  creek,  down  the  Bloody-run  to  the  Devil's- 
hole,  might  be  pursued.  Thence  along  (still  continuing  the 
level  of  the  lake)  to  the  brow  of  the  mountain. 

Another  way  of  making  a  sloop  navigation  on  this  route,  and 
perhaps  the  most  feasible,  would  be  after  following  an  artificial 
cut  a  mile  from  the  end  of  lake  Erie,  to  fall  hy  a  lock  of  4  or 
5  feet  lift  into  the  river  again ;  then  by  the  help  of  a  towing- 
path,  use  the  bed  of  the  river  to  the  mouth  of  Gill  creek.  About 
one  fourth  of  this  distance  would  be  interrupted  by  low  flats, 
along  the  edges  of  which  it  would  be  more  difficult  to  make  a 
path,  than  on  higher  land.  Little  difficulty  would  be  experi- 
enced by  not  having  depth  of  water  sufficiently  near  the  shore. 
Having  arrived  at  the  mouth  of  Gill  creek,  and  being  13  or  14 
feet  lower  than  if  the  level  of  the  lake  had  been  preserved,  the 
direct  course  down  Bloody-run  could  not  be  pursued,  as  the 
cutting  would  have  to  be  too  immensely  deep.  But  a  side  cut 
must  be  here  commenced,  and  carried  through  rock  all  the  way 
to  the  Mills,  near  2  miles.  The  rock  here  would  in  places  be 
higher  than  the  top  water  line  in  the  canal,  but  more  generally 
16  or  20  inches  lower.  From  the  Mills  onward  for  some  dis- 
tance, the  rock  falls  far  below  the  level  now  to  be  pursued. — 
Somewhere  near  2  miles  of  rocky  bottom  would  be  found  to  the 
brow  of  the  mountain,  vvhrre  would  be  40  or  50  rods,  that  the 
rock  would  be  4,  5  or  6  feet  higher  than  the  top  water  line. 
This  line  would  generally  be  2  or  3  feet  above  the  rock  in  every 
other  part  between  the  Mills  and  this  place.  At  the  top  of  the 
mountain  both  routes  would  be  together,  except  that  the  first 
described  would  be  13  or  14  feet  higher  than  the  other.  Here 
stone  is  in  abundance  on  the  very  spot  where  it  is  wanted  for 
locks.    In  descending  the  mountain,  a  little  inconvenience  would 


CANAL  LAWS,  fee, 


1809.  attend  placing  the  locks  far  enough  apart  to  prevent  great  waste 
r-v-^'  of  water.  Whether  a  side  cut  is  brought  the  whole  way  from 
lake  Erie,  or  only  from  the  mouth  of  Gill  creek,  the  lockage 
water  must  be  drawn  through  the  whole  length  of  the  canal;  for 
in  no  very  dry  time,  there  is  not  any  water  in  Gill  creek,  Bloody- 
run,  or  the  stream  near  the  top  of  the  mountain,  called  Fish 
creek.  What  use  might  be  made  of  Cayuga  creek,  I  cannot 
say. 

In  comparing  these  two  routes,  we  have  the  first  an  entire 
artificial  cut  from  lake  Erie  to  Lewistown.  The  line  of  canal  a 
little  more  than  26  miles  in  length,  all  the  way  uninterrupted 
with  rocks,  except  one  and  a  half  miles  at  the  upper  end,  and  the 
place  where  it  would  be  locked  down  the  mountain :  An  easy 
soil  to  cut  and  complete  without  lining.  The  second  route  we 
have — at  the  upper  end  1  mile  through  rock,  and  a  lock  of  4  or 
5  feet  lift.  Then  18^  miles  nothing  more  than  a  towing-path. 
Then  8  miles  of  canal  to  the  brow  of  the  mountain,  4  miles  of  it 
rock.  Or  they  may  be  compared  more  closely  by  throwing 
from  each,  2  miles  off  the  lower  end,  and  one  off  the  upper  end, 
in  which  they  are  both  the  same.    It  will  then  be  of  canal, 

First  route,  23  miles.  Half  a  mile  of  it  rocky — 4^  miles  of 
bank  to  secure — the  Aqueduct  bridges  at  Tonnewanta  and  Cay- 
uga creeks. 

Second  route,  8  miles.  Four  of  it  rocky — 18  miles  towing- 
path. 

Then  there  are  to  be  weighed  the  considerations,  that  the 
first  when  completed  will  be  all  still  water,  and  2  miles  the  short- 
est. While  the  other  being  not  only  2  miles  the  longest,  will 
have  18  miles  of  it  the  same  as  a  running  canal,  with  a  current 
of  from  H  to  3  miles  per  hour. 

From  the  Mills  to  the  brow  of  the  mountain  6  miles,  a  boat 
canal  might  be  made  almost  as  cheap  as  a  highly  finished  road, 
thereby  reducing  the  portage  to  less  than  2  miles.  Or  the  ves- 
sels below,  might  sail  almost  under  the  boats  above,  and  the 
goods  be  drawn  on  ivays  up  315  perpendicular  feet,  by  means  of 
machinery  wrought  by  the  water  which  would  run  through  the 
canal. 

Should  none  other  than  a  boat  navigation  be  determined  on 
to  carry  off  the  produce  of  the  upper  lakes,  Bird  Island  would  be 
of  value.  This  island  is  nothing  more  than  a  bed  of  rocks,  and 
a  few  years  ago,  had  no  mark  of  vegetation  on  it.    It  lies  in 


CANAL  LAWS,  &c. 


23 


length  about  10  chains  across  the  lower  end  of  lake  Erie,  a  little  1809. 
lower  than  where  the  current  begins  to  set  out  of  the  lake.  v— v— ■ 
Across  from  the  west  end  of  the  island  for  10  chains  further,  the 
water  over  the  rocky  bottom  is  very  shallow.  This  shallow, 
with  the  island  makes  one  quarter  of  a  mile,  below  which  is  an 
exceedingly  safe,  and  excellent  harbor.  The  whole  eddy  may  be 
60  or  70  acres,  all  of  which  is  good  anchoring  ground.  On 
the  north-east  corner  of  the  island  the  portage  company  have 
last  summer  built  their  upper  store  house.  It  is  a  stone  building 
64  by  44  feet.  There  is  no  place  on  the  main  shore  where  a 
wharf  can  be  built  so  that  a  vessel  can  lay  her  side  to  and  load. 
If  a  place  is  chosen  low  enough  down  to  be  sheltered  by  the 
island  from  the  waves  of  the  lake,  there  the  current  is  such  that 
without  an  uncommonly  fair  wind,  a  vessel  cannot  get  out  into  the 
lake  again.*  To  make  the  use  of  this  island  convenient,  a 
bridge  would  be  necessary,  the  length  of  which  would  have  to 
be  nearly  1000  feet.  The  breadth  of  the  island  now  uncovered 
with  water,  is  scarcely  any  where  more  than  10  rods  from  north 
to  south.  The  growth  of  a  few  willows  on  it  of  late,  is  account- 
ed for  on  the  hypothesis,  of  the  continual  lowering  of  the  waters 
of  the  lake.  No  satisfactory  information  could  be  obtained  as 
to  this ;  but  all  agree  that  it  falls  some.  If  a  canal  should  be 
constructed  on  the  same  level  with  the  lake,  depending  solely  on 
it  for  the  supply  of  water,  and  this  rapid  falling,  should  prove  to 
be  a  reality,  it  would  be  a  serious  one.  As  vague  were  the  ac- 
counts obtained  of  the  annual  rise  and  fall  of  the  lake.  Some 
set  it  at  a  foot,  while  others  would  not  admit  that  any  such  thing 
was  perceivable.  But  the  variation  caused  by  the  wind,  all 
agreed  in  setting  it  over  6  feet.  This  variation  consists  almost 
all  in  rising  :  the  lake  seldom  by  an  easterly  wind  sinking  more 
than  12  inches  below  its  common  level.  At  Schlosser  the  an- 
nual variation  is  called  8  inches  :  the  variation  by  the  wind  3 
feet.  This  rise  occasioned  by  the  wind  happens  seldom,  and  is 
commonly  of  but  a  few  hours  continuance ;  so  that  a  towing- 
path  along  this  river,  would  have  almost  the  same  advantages  of 
one  along  a  canal.  Considering  the  annual  rise  but  8  inches, 
the  river  would  almost  in  every  respect  be  similar  to  one  of  the 

*  If  from  the  main  shore  hall"  a  mile  below  the  island,  a  strong  mole  was  carried  out 
from  the  shore,  and  then  parallel  thereto  up  stream,  until  nearly  opposite  the  island  ;  a  fin«> 
dock  for  wharves  along  the  main  shore  would  be  formed  thereby,  out  of  which  ve«p'- 
could  sail  into  the  lake  as  well  as  from  behind  the  island. 


34 


CANAL  LAWS,  &c. 


1809.  running  canals  of  China;  and  much  superior  to  some  of  them, 
v^-v^*/  the  velocity  of  which,  according  to  Sir  George  Staunton,  is  equal 
to  h\  miles  per  hour. 

Lake  Erie  is  said  to  be  much  shallower  than  lake  Ontario. 
The  former  being  frequently  frozen  over,  and  no  such  thing  ever 
happening  to  the  latter,  is  satisfactory  proof  of  this. 

I  was  surprised  when  at  Schlosser,  to  see  a  waggon  taken 
apart  and  put  on  board  a  boat,  to  be  carried  to  Black  Rock ; 
and  on  enquiry  found  there  was  no  road  between  those  places. 
It  is  not  only  impassable  for  waggons,  but  afterwards  in  travel- 
ling up  on  horse-back  to  Black  Rock,  I  was  obliged  to  drive  my 
horse  into  some  of  the  creeks,  and  swim  him  over  before  me. 
The  mail  carrier  is  obliged  to  quit  our  territory  to  get  the  mail 
from  Buffalo  to  Niagara  garrison.  In  the  event  of  war,  the 
distress  would  be  serious,  to  have  one  of  these  infant  settlements 
attacked,  and  no  road  for  the  other  to  come  to  its  relief. 

I  have  taken  this  step  aside,  to  report  upon  roads,  at  the  re- 
quest of  some  respectable  citizens  of  that  country,  and  hope  this 
reason  will  be  received  as  my  apology. 

AN  INTERIOR  ROUTE, 

Without  passing  through  Lake  Ontario. 
This  route  is  proposed  from  the  Oneida  lake,  along  the  track 

3d  branch  of  .  .       .  .      ^  _ 

The  Report,  at  present  pursued  by  the  navigation  to  the  Cayuga  marshes, 
thence  up  the  valley  of  the  Mud  creek,  and  across  the  country 
to  the  Genesee  river,  thence  up  Black  creek  to  the  Tonnewanta 
swamp,  and  down  the  Tonnewanta  creek  to  Niagara  river,  and 
up  the  same  to  lake  Erie. 

In  order  to  examine  the  rivers  flowing  out  of  the  Oneida  and 
Cayuga  lakes,  I  beg  leave  to  transcribe  from  Rees's  new  Cyclo- 
pedia, the  observations  of  Mr.  Thomas  Telford,  on  the  improving 
of  natural  rivers,  and  the  objections  to  them. 

64  Mr.  Telford  proposes  to  erect  solid  and  durable  weirs  of 
ci  masonry  across  the  river,  upon  the  shallow  places,  wirh  side- 
•4  cuts  and  pound-locks  by  the  side  of  them,  for  the  navigation; 
"  and  the  river,  when  thus  diverted  may,  (as  he  justly  observes,) 
"  be  applied  to  many  important  purposes  of  machinery,  and  for 
u  irrigation  of  the  meadows  which  would  thus  be  brought  within 

its  reach.    There  is  no  doubt  but  this  method  is  practicable. 


CANAL  LAWS,  kc. 


23 


*  and  would  ultimately  answer  well;  but  the  expense  would  be  1809. 

* 6  very  great  of  erecting  substantial  weirs,(l)  and  making  the  v  v 

"  banks  of  the  side-cuts  and  walls,  and  gates  of  the  locks,  high 

"  enough  (2)  to  prevent  the  floods  from  breaking  over  into  them, 

w  a  condition  which  seems  necessary,  if  the  barges  are  to  be 

"  able  to  proceed  at  all  times.    The  towing-path  (3)  should  also, 

"  for  the  same  purpose,  be  made  up  with  a  regular  sloping  bank 

"  next  the  river,  presenting  no  inequalities,  or  projecting  objects 

iC  to  catch  or  wear  the  towing-lines,  so  that  its  top  or  path 

<:  should  be  always  above  water.    On  a  river  which  rises  16  or 

"  17  feet  or  more,(4)  these  works  would  be  attended  with  a  most 

"  serious  expense  and  difficulty,  particularly  when  cliffs  (5)  rise 

*;  almost  perpendicularly  up  from  the  bed  of  the  stream.  Ma- 

"  chinery  on  such  a  stream,  unless  great  expense  indeed  was  in- 

{i  cttrred  to  obviate  it,  would  be  subject  to  have  it» works  inter- 

"  rupted  by  every  large  flood. (6)    Tall  masts  must  be  used  for 

M  attaching  the  towing  lines  in  dry  times,  and  in  floods  it  must 

,:  be  fixed  lower  down,  or  to  a  shorter  mast." 

Scarce  any  of  the  difficulties  here  started,  would  attend  the 
streams  issuing  from  the  Oneida  and  Cayuga  lakes.  I  will  con- 
sider them  each  in  the  order  in  which  I  have  marked  them. 

(I.)  The  expense  of  making  weirs  across  these  streams  would 
not  be  great,  considering  there  is  only  12  ^  feet  fall  from  Oneida 
lake  to  Three  River  Point.  One  dam  of  5^  feet,  and  another 
of  41  feet,  each  about  20  rods  long,  would  make  the  whole  18 
miles  still  water,  or  nearly  so.  From  Cayuga  lake  to  the  Three 
River  Point,  nearly  44  miles,  has  not  been  levelled.  The  whole 
fall  may  be  estimated  at  somewhere  about  22  feet.  This  whole 
distance  may  (by  making  the  upper  one  9  or  10  feet  high)  be 
stilled  by  three  weirs.  The  whole  distance  on  both  streams  be- 
ing together,  62  miles,  brought  to  6  levels  by  5  small  dams.  To 
the  eastern  level  add  the  Oneida  lake  of  20  miles,  and  to  the 
western  level  the  Cayuga  lake  of  36  miles,  and  the  whole  will 
be  118  miles  of  still  water,  at  the  expense  of  but  5  weirs;  in 
all  only  34  feet  lockage.  On  all  this  route  there  is  no  stone 
suitable  for  locks  or  weirs,  but  2  |  miles  below  Three  River 
Point,  there  is  enough  that  is  good. 

It  is  the  opinion  of  many,  that  wood  weirs,  and  even  wood 
locks,  until  our  forests  become  of  far  more  value  than  they  now 
are,  will  be  found  much  cheaper  than  those  of  solid  masonry.  If 
money  is  worth  7  per  cent,  (interest  to  be  paid  annually)  which 

4 


canal  Laws,  &c, 


1 809.  late  events  seem  to  shew,  then  the  interest  will  equal  the  principal 
"~ v~— J  in  10 1  years.  And  if  a  stone  weir  will  cost  6  times  as  much  as 
one  of  wood,  the  interest  of  the  stone  one  will,  at  the  end  of 
10  \  years,  build  6  wood  ones.  The  price  of  a  lock  on  the 
Mohawk  $7,500,  doubling  itself  every  10{  years,  will  do  much 
in  supporting  wood  locks,  in  a  country  where  the  owner  of 
timber,  instead  of  expecting  to  get  any  thing  for  it,  is  continually 
paying  large  sums  to  get  it  burnt  out  f  his  way.  A  lock  of 
square  juniper  logs  cost  $300,*  .  in  a  place  probably  where 
nothing  was  paid  for  the  timber  ,  :  i  interest  on  the  sum 

laid  out  for  a  Mohawk  lock,  would  at  the  end  of  101  years, 
build  25  locks  in  the  Dismal  Swamp. 

(2.)  To  "  make  the  banks  of  the  side-cuts,  and  walls  and 
"  gates  of  the  locks,  high  enough  to  prevent  the  floods  from 
u  breaking  oVer  them,"  is  a  very  easy  thing  on  a  stream  winch 
never  rises  higher  than  the  lift  of  a  common  lock.f  Mr.  Wil- 
liam Cbapn  :?  says  that  "durinrr  flooded  state  of  rivers,  all 
M  small  fails  are  equalized,  as  they  necessarily  rise  higher  below 
u  than  above  a  rapid."  This  observation  applies  to  these 
streams  in  a  very  extraordinary  degree,  owing  to  their  peculiar 
formation.  In  one  place  falling  3  or  4  feet  in  half  a  mile,  then 
6  or  8  miles  very  deep,  and  almost  level ;  again  a  rapid,  &c. 
In  the  middle  of  these  long  levels,  the  flood  will  rise  10  or  11 
feet,  while  on  the  rapids,  it  will  not  be  more  than  5  or  6  feet. 
Therefore,  it  would  never  happen  that  a  lock  would  be  placed  in 
a  part  of  the  river  that  would  rise  more  than  7  or  8  feet. 

(3.)  The  making  of  towing  paths  would  be  attended  with  diffi- 
culty, occasioned  by  the  low  banks  that  are  on  one  side  or  the  other 
of  almost  the  whole  length  of  the  Oneida  river ;  changing  sides 
some  places  almost  every  ten  chains.  There  is  not  more  than 
2  or  3  places  (a  short  distance  each)  where  there  are  low 
banks  on  both  sides  in  the  same  place.  On  one  third  of  the 
Oneida  river,  perhaps,  these  low  banks  would  have  to  be  raised 

*  See  Mr.  Gallatin's  Report,  page  17. 

f  From  the  beat  information  that  could  be  obtained  of  people  paying  but  little  attention 
to  such  thing3»  the  Oneida  stream  rises  8  or  9  feet  once  every  year — has  risen  11  feet, 
and  some  springs  does  not  rise  more  than  5  or  6  feet.  There  is  but  one  annual  flood. 
Tne  most  extraordinary  summer  thunderstorm  never  raises  it  more  than  IS  inches.  The 
highest  flood  is  about  the  20th  of  April — Falls  within  the  low  banks  between  the  1st  and 
10th  May.  The  Cayuga  stream  very  similar.  About  the  middle  of  the  long  level  at  the 
Onondaga  out-let,  10  feet  rise,  is  the  highest  I  have  ever  been  informed  of.  Voag  conf:;. 
cied  fall  rains  have  raised  these  streams  3  or  4  feet,  and  last  fall  almost  equal  to  coromei:' 
spring  floods—The  like  never  seen  before  by  r.  hite  people. 


CANAL  LAWS,  &c. 


37 


from  2  to  6  feet  unless  the  tow  ing  path  was  made  to  change  1809. 
sides  so  often  as  to  be  very  inconvenient.  On  the  Cayuga  out-  s'"  y  ■ 
let  this  difficulty  would  not  be  so  serious. 

(4.)  and  (5.)  These  streams  rising  only  as  has  been  stated, 
and  having  no  rocky  shores,  nor  any  difficult  perpendicular 
banks,  they  are  not  affected  by  this  difficulty. 

(6.)  Machinery  will  be  subjected  to  interruption  a  month  or 
6  weeks,  by  every  spring-flood.  But  as  this  interruption  will  take 
place  at  regular  periods,  calculations  can  be  made  to  meet  it,  so 
that  the  inconvenience  would  be  trifling  when  compared  with 
such  hindrances  on  common  rivers. 

To  improve  more  perfectly  this  extensive  piece  of  inland  navi- 
gation which  nature  has  almost  finished  to  our  hand,*  it  has  been 
proposed  to  open  the  outlets  of  these  lakes,  or  deepen  their  up- 
per bars,  so  as  to  lower  the  surfaces  of  the  lakes  annually — say 
3  feet  each,  below  their  present  low  water  mark.  So  that  the 
lakes  by  rising  to  their  present  high  water  mark,  would  act  with 
near  double  their  present  effect,  as  reservoirs  to  check  the  sudden 
and  great  rises  of  the  outlets.  The  ordinary  and  pretty  uniform 
annual  rise  of  the  Cayuga  lake  is  now  4  feet.  Oneida  perhaps 
about  the  same  ;  and  if,  by  this  deepening,  and  fixtures  at  the 
weir  next  below  the  lake,  a  variation,  or  rise,  of  8  feet  annually 
could  be  produced,  the  effect  in  receiving  and  keeping  back  the 
top  waters  of  the  floods,  would  be  double  what  it  now  is.f 

Mr.  Thomas  Telford,  to  improve  the  river  Severn  has  propo- 
sed to  collect  "  the  floed  waters  into  reservoirs,  the  principal 
"  ones  to  be  formed  among  the  hills  in  Montgomeryshire.  By 
M  this  means  the  impetuosity  of  the  floods  might  be  greatly  lessen- 
"  ed  and  a  sufficient  quantity  of  water  preserved  to  regulate  the 
"  navigation  of  the  river  in  dry  seasons. "  This  has  been  ap- 
proved of,  and  it  has  been  condemned.  Mr.  William  Jessop 
says  "  that  the  rivers  may  be  rendered  nearly  uniform  through- 
"  out  the  year  by  reservoirs."  Mr.  Rennie  intimates,  that  the 
idea  of  "  correcting  the  floods  of  the  Severn  by  reservoirs  must 
"  appear  to  be  ridiculous."  This  opinion  of  the  Oneida  river, 
perhaps  would  not  be  given,  when  a  reservoir  of  near  50,000 
acres,  3  feet  deep,  is  proposed  at  no  expense  of  land,  and  little 

*  Dr.  Rees's  New  Cyclopedia  says  of  this,  that 41  nature  has  done  so  much,  that  little  t3 
M  left  for  art  to  accomplish,"  and  counts  from  Schenectady  to  the  south  end  of  the  Cayuga 
lake, "  280  miles  in  extent,  and  through  a  tract  of  country  uorivalled  in  point  of  fertility/* 

♦  Provided  the  banks  were  perpendicular 


CANAL  LAWS,  &c. 


1809.    otherwise.*    The  lowering  of  the  Cayuga  lake,  for  the  purpose 
""N*— '  of  draining  the  Cayuga  marshes,  has  long  been  talked  of,  and  the 
great  tract  of  excellent  alluvial  soil  t\vd  would  be  obtained  there- 
by, would  make  it  an  object  worthy  attention.    Whether  both 
objects  would  be  attained  or  not,  is  questionable. 

If  by  such  means,  towing-paths,  that  would  never  be  flowed, 
Could  be  constructed  about  5  feet  higher  than  the  then  low  water 
mark  of  the  rivers,  much  would  be  gained  in  the  efficiency  of  the 
towing-paths,  and  a  great  saving  had  in  the  expense  of  making 
them  on  the  low  banks  which  are  on  so  great  a  proportion  of 
these  streams. 

If  the  fertile  country  around  these  lakes  and  rivers  which  would 
be  immediately  benefited  by  this  work,  should  alone  be  of  sufficient 
importance,  to  cause  it  to  be  done  in  a  complete  and  perfect  man- 
ner, as  far  west  as  the  Cayuga  ;  then  the  continuance  of  the  in- 
terior  route  and  the  route  through  Ontario  lake  may  be  more 
easily  compared  by  considering  the  Ontario  route  to  start  at 
Three  River  Point,  and  the  interior  route  from  the  Cayuga 
marshes. 

From  the  Cayuga  marshes  to  Black-Rock  is  109  miles,  measur- 
ed in  a  direct  line  on  a  map.  Almost  every  thing  respecting  this 
space  has  been  supplied  by  conjectures  formed  from  appearances 
on  the  map.  The  summit  between  Tonnewanta  creek  and  Black 
creekf  is  an  extensive  level  of  wet  land  called  the  Tonnewanta 
swamp,  and  is  estimated  by  judge  Ellicott  at  only  20  feet  or  so  above 
the  level  of  the  mouth  of  Tonnewanta  creek.  If  so,  said  summit 
is  scarcely  10  feet  above  the  level  of  lake  Erie.  It  is  stated  that 
by  means  of  Oak  Orchard  creek,  and  other  streams  that  can  be 
commanded,  there  will  be  a  sufficient  supply  of  water  for  said 
summit,  and  that  a  canal  the  greater  part  of  the  way,  may  be 
made  almost  straight,  and  the  cutting  very  easy. 

From  Genesee  river  to  the  head  waters  of  Mud  creek,  J  I  have 
levelled  and  find  the  summit^  between  the  waters  of  Gerundeguf 
and  those  of  Mud  creek,  36  feet  lower  than  the  Genesee  river 
above  the  falls,  and  no  high  land  rising  between,  except  a  few 
chains  of  gravelly  bank  at  leaving  the  river,  of  from  4  to  12  feet 

1  For  less  than  .$'300,  channels  have  been  proposed  to  be  ploughed  in  all  the  3  rapids  on 
the  Oneida  river  so  that  boats  should  have  a  sufficient  depth  at  all  times. 
j  Black  creek  empties  into  the  Genesee  river  a  few  miles  above  the  Genesee  falls. 
1  Mud  creek  runs  directly  to  the  Cayuga  marshes. 

§  Tin's  is  near  the  west  line  of  Palmyra  in  the  town  of  Boyle,   I  have  therefore  named  it 

file.  Boytc  .$wnmti- 


CANAL  LAWS,  &c. 


deep.  The  country  is  free  from  stone  almost  every  where  along  1809. 
the  line  for  the  canal,  and  the  chief  difficulty  in  making  the  water  v— v~ 
of  Genesee  river  run  down  Mud  creek  to  the  Cayuga  marshes, 
would  be  the  depth  and  width  of  the  Gerundegut  valley.  The 
best  place  for  crossing  is  over  Mann's  mill  pond.  [See  the  map 
in  paper  C]  The  pond  is  4  or  5  feet  deep,  and  2  chains  70 
links  wide,  and  the  surface  of  it  would  be  68  feet  below  the  top 
water  line  of  the  canal.  The  whole  length  of  the  aquedjict- 
bridge  and  embankments  at  the  ends  would  be  22  chains  90  links 
[504  yards.]  Allowing  2  chains  70  links  for  an  aqueduct-bridge, 
there  will  remain  at  both  ends  20  chains  20  links  of  embankment ; 
the  highest  place  at  the  west  end  43  feet,  highest  place  at  the 
east  end  34  feet.  A  great  circuit  is  made  in  getting  away  from 
the  river,  and  across  this  valley,  so  that  the  line  of  canal  would  be 
over  18  miles,  while  the  direct  line  is  but  ^miles^.  From  this  line 
of  levelling,  I  have  levelled  across  to  the  Gerundegut  bay,  and 
determined  the  whole  fall  of  the  Genesee  river  from  above  the 
falls  to  the  lake. 

The  following  places  stand  above  the  level  of  the  tide  at  Troy, 
thus : 

Feet. 

Lake  Erie,  541 

Tonnewanta  swamp,  551  Estimated  per  Mr.  E. 

Genesee  river,  (above  the  falls,)  460 

Boyle  summit,  424 

Cayuga  marshes,  (or  lake,)  340  Estimated. 

Three  River  Point,  318 

Oneida  lake,  330 

Summit  pound  at  Rome,  390 

Lake  Ontario,  206  As  results. 

From  the  Boyle  summit  down  to  the  Cayuga  marshes,  through 
the  Mud-creek  valley,  a  canal  may  be  conducted  pretty  straight, 
the  fall  being  84  feet. 

if  the  Interior  route  should  be  pursued  to  Lake  Erie,  the  com- 
munication with  Lake  Ontario  would  be  by  a  lateral  cut  of  between 
3  and  4  miles  in  length,  from  above  the  Gu.  Be  falls  to  the  har- 
bor in  the  mouth  of  that  river.  As  boats  might  be  conducted  on 
the  same  level  almost  to  the  harbor,  it  might  never  be  found  ne- 
cessary to  lock  down  254  feet  from  the  canal  into  this  lake. 
This  harbor  is  very  spacious,  putting  in  from  the  lake  between 
3  and  4  mile?.    The  channel,  or  mouth  of  the  harbor  is  difficult 


Mr.  Weston. 


30 


CANAL  LAWS,  &c. 


1809.    as  it  runs  out  into  the  lake  above  a  mile,  but  little  north  of  an 

^ — ~v  '  east  course,  so  that  a  vessel  whose  destination  is  westward,  having 

a  fair  wind  for  that  point,  cannot  get  out.  The  entrance  to  the 
harbors  of  Genesee  river,  Sodus  bay,  and  Oswego  river,  are  in 
depth  almost  exactly  equal ;  each  from  6  to  7  feet  over  the  bars 
at  their  mouths. 

To  carry  branches  to  the  Skaneatelas  and  Owasco  lakes,  there 
would  be  objected  the  great  lockage  necessary.  From  conver- 
sations had  with  some  of  the  most  intelligent  mill  owners,  along 
the  out-let,  I  have  estimated  the  Owasco  lake  to  be  nearly  or  about 
on  the  same  level  with  Lake  Erie.  And  Skaneatelas  can  differ 
but  little  from  it.  From  the  levels  taken  of  the  Seneca  falls,  and 
Scowace  reef,  by  Mr.  Weston,  the  Seneca  lake  has  been  estimat- 
ed at  50  feet  above  the  Cayuga  lake,  which  brings  it  exactly  on 
the  same  level  with  the  summit-pound  at  Rome ;  according  to 
my  estimate  of  the  Cayuga,  above  Three  River  Point.  To 
connect  Seneca  lake  with  the  Cayuga,  the  chief  expense  would 
be  the  locks  and  towing  path ;  the  building  and  keeping  in  re- 
pair of  weirs,  would  most  probably  be  had  for  mill  privileges. 

Some  universal  condemners  of  river  navigation  and  enemies 
to  great  lockage,  have  ridiculed  the  idea  of  following  the  Cayu- 
ga and  Oneida  streams,  or  falling  72  feet  into  the  valley  at  Three 
River  point.  And  to  avoid  this  144  feet  of  extra  lockage,  would 
be  at  the  expense  of  an  aqueduct  bridge  50  feet  high  over  the 
Cayuga  out-let  at  Bluff  point ;  thence  following  the  level  along 
through  Brutus,  Camillus,  &c.  With  such  a  level  as  this,  it 
might  be  difficult  to  comiect  the  Seneca  lake  by  any  thing  of  a 
direct  line,  and  the  Onondaga,  Chitteningo  ;  and  Oneida  val- 
leys would  make  bad  bends  in  the  main  line.  According  ta  the 
level  taken  at  Mr.  Walton's  mills,  the  banks  there  were  37  feet 
above  the  level  of  the  Onondaga  lake ;  this  would  bring  the 
level  of  the  Rome  summit  as  far  up  the  Onondaga  valley  as  Mr. 
T.  M.  Wood's  mills.  The  idea  of  a  level  above  100  miles*  in 
length,  on  the  main  line  of  a  canal,  commanding  many  rivers 
for  a  supply  of  water ;  nothing  in  the  world  would  be  equal  to 
it.  The  idea  is  a  grand  one  if  it  would  but  prove  useful.  Low 
places  would  occur  in  the  ridge  bounding  the  Mud-creek  valley 
on  the  north,  that  would  need  filling  up  in  some  places  10  or  20 
feet  high. 

*  Much  is  valued  the  advantage  enjoyed  by  Coventry,  in  England,  of  73  lailei  of  level 

navigation  on  3  csnaK 


CANAL  LAWS,  &c. 


Another  route  has  been  proposed,  by  keeping  the  level  of  the 
Cayuga  lake  past  Salina,  and  alon£  the  south  side  of  the  valley 
of  the  Oneida  lake,  until  said  level  would  strike  Wood  creek. 
By  this  route  44  feet  of  lockage  is  to  be  saved,  and  the  Ononda- 
ga Salines  enjoy  an  extensive  level,  very  valuable  for  the  im- 
mense supply  of  wood  it  would  afford.  With  this  level,  by  a 
lock  of  ten  feet  lift,  might  be  connected  the  Oneida  lake,  by 
which  means  the  forests  on  all  its  shores,  could  be  brought  to 
these  Salines  through  a  canal  of  not  more  than  12  or  14  miles  in 
length.  In  favour  of  this  route  is  urged  the  opinion,  that  the 
Oneida  lake  can  never  answer  as  a  part  of  the  main  line  of  canal 
from  Erie  to  the  tide ;  as  the  barges  that  would  ply  on  it,  would 
be  no  ways  calculated  for  such  a  lake. 

In  comparing  the  Ontario  route  with  the  Interior  one,  it  is  ob- 
stinately insisted  upon,  in  favor  of  the  latter,  that  it  would  be 
bad  policy  in  the  united  States,  to  open  a  communication  for 
sloops  between  Erie  and  Ontario,  as  the  products  of  all  the  up- 
per lakes  would  on  their  passage  to  the  ocean,  come  into  Onta- 
rio, and  when  there,  the  lockage  to  the  tide  in  the  St.  Lawrence 
being  only  206  feet,  while  it  is  574  feet  to  the  tide  in  the  Hud- 
son, there  would  be  danger  of  the  whole  lake  trade  being  divert- 
ed to  a  port  in  the  territory  of  another  nation.  It  is  likewise 
contended,  that  if  the  two  routes  should  not  differ  materially  in 
the  cost  of  making,  the  Interior  one  ought  to  be  preferred,  as  be- 
ing free  from  the  risk  and  uncertainty  of  wind  and  waves  :  That 
merchants  can  afford  to  pay  higher  freight  when  property  is  se- 
cure, and  will  arrive  on  a  day  certain.  "  It  is  a  consideration  of 
M  some  importance,"  says  a  correspondent,  "that  the  inland  canal 
"  would  always  be  safe  in  the  event  of  a  war  with  Great  Britain. 
"  It  will  impose  an  additional  value  on  a  long  tract  of  fine 
M  country,  through  which  it  must  pass ;  will  increase  its  popu- 
11  lation,  and  of  course  the  wealth  and  prosperity  of  the  state/ 
On  the  other  hand,  it  is  insisted  upon  that  cheapness  of  convey* 
ance,  the  grand  desideratum  in  all  such  works,  would  best  bp 
obtained  by  the  Ontario  route,  as  the  great  emporium  of  the 
lakes  would  be  150  miles*  nearer  the  tide  in  the  Hudson,  it 
placed  at  Oswego,  than  if  at  Black-Rock  ;  and  that  the  produrr 
of  the  upper  lakes  would  be  carried  cheaper  through  Ontario  to 
Oswego,  than  150  miles  forward  on  a  canal.   In  answer  to  tins, 


A«j£fc'd!ur«l  oniue  w  n&agi  of  |  <  mi 


CANAL  LAWS,  fee. 


the  fact  is  stated,  that  $5  25  is  now  the  common  price  for  carrying 
7  barrels  [about  a  ton]  of  salt  from  Oswego,  to  Lewistown,  25 
miles  short  of  Black-Rock,  while,  according  to  Mr.  Robert  Ful- 
ton's calculation,  a  ton  would  be  carried  150  miles  on  a  canal 
for  $1  50.  Mr.  F.  supposes  the  case  of  a  canal  being  made  at  the 
public  expense,  and  no  toll  taken  but  the  charge  of  the  bargemen. 
If  the  cost  of  making  would  amount  to  the  same  on  either  route, 
then  the  toll  due  a  canal  company  would  be  the  same  on  either, 
and  the  one  being  set  off  against  the  other,  brings  it  to  the  barge- 
men's charge,  as  stated  by  Mr.  F. 

As  to  further  particulars  respecting  the  interior  route?  it  would 
be  important  to  know  :  whether  there  is  not  some  place  in  the 
ridge  that  bounds  the  Tonnewanta  valley  on  the  north,  as  low  as 
the  level  of  lake  Erie,  where  a  canal  might  be  led  across,  and 
conducted  onward,  without  increasing  the  lockage  by  rising  to 
the  summit  of  the  Tonnewanta  swamp :  or  if  this  summit  must  be 
surmounted,  to  ascertain  its  height  above  the  level  of  lake  Erie } 
likewise  whether  water  sufficient  to  supply  it,  can  be  had  with 
moderate  expense.  Whether  the  valley  of  the  Tonnewanta  is 
free  from  lateral  ravines,  high  and  abrupt  banks,  and  such  like 
impediments  to  a  side-cut,  is  not  known.  The  same  is  to  be 
observed  of  the  valley  of  Black  creek  ;  and  likewise  of  the  val- 
ley of  Mud  creek. 

The  levelling  from  the  Genesee  river  to  the  Boyle  summit, 
being  done  in  the  woods,  and  snow  cannot  be  depended  on  as 
to  extreme  exactness,  nor  have  I  drove  any  levelling  pegs  in  any 
part  of  my  work,  or  attended  to  that  nicety  requisite  for  the  actual 
staking  out  a  canal ;  but  suppose  it  will  be  found  exact  enough 
to  answer  the  purpose  intended. 

The  whole  is  submitted  with  respect,  by 
Your  most  obedient, 

humble  servant, 

JAMES  GEDDES, 

Onondago,  January  20,  1809. 
To  Simeon  De  Witt,  Esq.  Surveyor  General* 


CANAL  LAWS,  &c.  G3 

1809. 

APPENDICES 

rTo  Mr.  Gcddes'  Report)  marked  A,  B  and  C — with  Maps. 

APPENDIX  A. 

On  the  map  of  the  country  between  the  Oneida  lake  and  lake  Country  be- 
Ontario,  the  red  figures  shew,  in  feet,  the  elevation  of  the  place  JJJjJ 'i^TltJo 
n  feet,  where  they  are  above  the  level  of  Oneida  lake.    Having  0ntano- 
ot  to  the  branch  of  Big  bay  creek  where  the  levelling  stops, 
just  at  night,  I  thought  it  useless  to  go  out  another  day  to  ascer- 
tain  the  height  of  the  ridge  between  this  and  Salmon  creek  pre- 
cisely.   The  creek  being  106  feet,  I  must  be  below  the  truth  in 
ettingthe  summit  of  the  ridge  at  110  feet  above  the  lake,  as 
have  estimated  it. 

I  have  been  informed  that  Mr.  H.  Huntington,  of  Rome,  has  en- 
ertained  a  hope  that  a  route  up  Caughanoy  creek  and  down 
Catfish  creek,  might  be  found  the  best  for  a  communication  be- 
ween  lake  Ontario  and  Oneida.  But  very  mistaken  ideas  seem 
to  have  prevailed  of  the  elevation  of  the  ridge  that  separates 
these  two  vallies.  I  have  made  some  inquiries  concerning  the 
rapidity  of  Caughanoy  creek,  and  have  little  doubt  but  that  the 
summit  between  these  two  streams  will  be  found  higher  than  the 
summit  at  Rome.  In  this  ridge,  which  divides  the  Oneida  from 
the  Ontai  lo  waters,  the  same  red  grit-stone  is  found  on  the  road 
to  Mexico,  which  forms  the  ridge  at  the  Oswego  falls. 

Scott  creek,  running  from  opposite  the  Oswego  falls  for  many 
■miles  to  the  Oneida  Outlet,  shows  this  ridge  to  be  of  considerable 
elevation,  quite  near  to  the  Oswego  river. 

In  the  Map  of  the  Oswego  river,  A  is  the  place  of  the  lower  RCfc,.ence8  to 
embankment,  B  the  place  for  3  locks.    C,  D,  G,  H  and  L,  the  nmpofOswego 

5  r  '  river. 

places  of  the  other  5  embankments.  E,  F,  the  lower  steep  hill,  so 
difficult  on  account  of  slips.  I,  J,  the  long,  sandy,  high  bank 
below  Broadstreet's  island.  I,  the  place  for  the  uppermost  lock. 
M,  the  place  of  deep  cutting.  N,  O,  another  bank,  difficult  on 
account  of  slips,  From  P  to  the  falls,  the  difficult,  steep,  rocky 
bank  immediately  below  the  falls. 

5 


CAx\AL  LAWS,  &c. 


1809.  To  shun  the  high  sandy  bank  I,  J,  I  examined  a  route  back 
tmm^rmmmo/  from  the  river,  and  found  the  summit  K,  to  be  37  feet  higher 
than  the  top  of  the  falls.  Although  it  falls  to  20  feet  in  a  small 
distance  each  way,  and  the  whole  deep  cutting  would  not  exceed 
I  of  a  mile,  and  the  embankment  H,  would  be  got  rid  of,  I  still 
considered  the  river  route  the  most  feasible. 

The  time  having  expired  for  which  I  had  engaged  my  hands 
and  boat,  I  returned  home  without  examining  a  route  from  L  to 
Q,  and  along  the  west  side  of  that  valley  to  the  Cranberry- 
marsh.  Perhaps  the  making  even  a  small  tunnel  to  get  into  this 
valley  at  this  place,  would  be  compensated,  in  the  shortening  the 
route,  and  getting  rid  of  the  embankments  C,  D,  G,  H,  and  the 
long  slip  bank  below  Broadstreet's  island,  with  the  bad  hill  sid$ 
from  F  to  E.  This  would  carry  the  canal  clear  of  the  sandy 
ridge  from  I  to  L,  every  part  of  which  will  need  lining.  Per- 
haps there  would  be  something  gained  in  getting  rid  of  rocks. 
The  hill  between  the  embankments  H  and  G  abounds  in  large, 
loose  stones,  or  rather  rocks,  of  one  or  two  tons  weight.  Whe- 
ther there  is  solid  rock  below  them,  I  know  not.  The  high 
knolls,  among  which  the  line  winds  for  a  mile  further  towards 
the  Cranberry-marsh,  are  nearly  as  bad.  But  no  such  appear- 
ance in  the  hill  that  bounds  this  valley  on  the  west. 


APPENDIX  B. 

p^tSfe  The  idea  of  the  whole  country  from  ScLIcsser  to  the  brow  of 
tt>wn,  the  mountain  above  Lewistown,  being  bedded  on  a  horizontal 

stratum  of  rock,  turns  out  to  be  altogether  erroneous.  From  a 
little  below  the  mouth  of  Gill  creek  to  the  mills,  it  is  almost 
truly  so.  But  from  the  mills  down,  it  falls  to  the  brink  of  the 
Great-pitch,  near  50  feet,  not  worn  away  by  the  running  of  ra- 
pid water,  but  the  shores  where  no  appearance  of  waters  having 
ever  been,  are  almost  as  low  as  the  water  in  the  stream  opposite. 
The  rock  from  which  the  great  sheet  pitches,  is  5  i  feet  4  inches 
lower  than  the  surface  of  the  still  water  at  Schlosser.  Immedi- 
ately below  the  great  falls  the  rock  rises  again,  but  not  as  high 
as  the  level  of  Schlosser  in  any  place  I  presume,  until  at  the 
brow  of  the  mountain  above  Lewistown.     From  the  mills  I 


J.  (jtdcUs  Eng  in  ssr 


CANAL  LAWS,  fee. 


lev  elled  along  the  road  marked  on  the  map  out  to  the  portage-  1809 
road,  and  along  the  same  to  Lewistown.  This,  for  a  great  part  v^-v-* 
of  the  way,  answered  well  enough.  At  that  time  I  had  mista- 
ken ideas  of  levelling  through  woods.  Had  I  been  as  well  ac- 
quainted with  levelling  in  the  woods  then  as  I  now  am,  I  should 
have  followed  the  level  of  Schlosser  from  the  mills  to  the  brow 
of  the  mountain.  Wherever  the  road  was  near  the  bank,  lev- 
elling along  the  road  was  very  sufficient.  There  is  two  places 
which  I  am  unsatisfied  about.  One  is  a  mile  below  the  great 
fall,  the  other  is  a  place  of  near  half  a  mile  opposite  the  whirl- 
pool. Three  quarters  of  a  mile  above  the  whirlpool,  the  rock 
is  20  or  30  feet  below  the  level  of  Schlosser.  Opposite  the  De- 
vil's hole,  a  piece  of  flat  ground  lies  on  the  rock  which  is  from 
20  to  30  inches  lower  than  Schlosser.  Near  half  a  mile  of  the 
stoney  plain,  (a  mile  further  down)  the  surface  of  the  rock  is  al- 
most exactly  on  the  same  level  as  at  the  Devil's  hole.  A  little 
above  the  mouth  of  Bloody-run,  two  wells  were  attempted  to  be 
dug,  by  the  side  of  the  road,  about  60  rods  apart.  The  one  found 
the  rock  in  18  feet,  and  the  otherwhere  the  surface  was  10  feet 
higher,  in  19  feet.  This  shews  the  rock  in  this  place  to  be  near- 
ly parallel  with  the  surface  of  the  ground,  instead  of  being  par- 
allel with  the  horizon.  At  the  brow  of  the  mountain,  the  rock, 
at  the  brink  of  the  chasm,  is  higher  than  the  level  of  Schlosser ; 
how  much  I  neglected  to  ascertain,  the  stand  of  the  .level  being 
sent  up  to  Schlosser  when  this  was  not  thought  of.  At  the  mouth 
of  Fish  creek,  the  rock  is  10  or  12  feet  lower  than  the  level  of 
Schlossei*. 

I  levelled  up  Gill  creek  as  far  as  where  I  have  marked  the 
canal  line,  but  did  not  ascertain  the  height  of  the  summit  be- 
tween this  and  the  swamp  that  empties  down  Bloody-run.  But 
from  viewing  it  in  the  woods  am  of  opinion  that  it  is  but  little 
higher  than  lake  Erie.  And  from  the  knowledge  I  have  ob- 
tained of  the  natural  make  of  the  country,  I  do  not  believe  that 
any  rock  would  interfere  with  a  canal  carried  on  the  level  of 
lake  Erie,  except  at  leaving  the  lake  for  a  mile  and  half,  or 
so  down. 

Why  I  did  not  ascertain  the  level  of  the  summit  between 
Bloody-run  and  Gill  creek,  or  follow  where  the  level  of  the  mouth 
of  Gill  creek  (or  Schlosser  landing)  would  cut  the  surface,  as 
far  as  the  brow  of  the  mountain  above  Lewistown,  I  have  no 
other  reason  to  offer,  than  that  I  at  that  time  had  mistaken  ideas 


GO 


CANAL  LAWS,  &c. 


1809.  of  the  difficulty  of  levelling  through  the  woods,  and  was  fearful 
that  the  sum  appropriated  would  not  hold  out  to  do  as  much  for 
other  places,  as  indispensably  ought  to  be  done.  I  regret  very 
much  not  being  able  to  give  a  fuller  account  of  the  river  be- 
tween Black  Rock  lower  store-house  and  Schlosser :  but  after 
many  trials  to  get  some  kind  of  craft  to  carry  us  down  the  river, 
I  was  only  able  to  obtain  an  Englishman  with  the  most  shattered 
and  worn  out  canoe  I  have  ever  seen,  in  which  we  were  in  im- 
minent danger  of  its  sinking  from  under  us,  and  our  losing  the 
instruments.  I  sounded  but  in  a  few  places — shallowest  15  or 
20  feet  deep — deepest  about  30  feet.  The  most  rapid  current  at 
Bluff  point — least  current  opposite  Cayuga  Island.  But  I  did 
not  ascertain  its  velocity  in  either  of  these  places. 


appendix  c. 


References  fo  The  red  figures  shew  in  feet  the  elevation  of  the  place  where 
map' &c*      they  are,  above  the  surface  of  the  Mill-pond. 


Irondequot 
valley,  &c. 


Just  opposite  the  mill-dam,  and  for  8  or  9  rods  further  down, 
the  isthmus  is  in  the  lowest  place  9  or  10  feet  too  low. 


THE  EMBANKMENT, 
Beginning  at  the  west  end.    Course  S.  72°  E. 


Ghains. 


At 


from  the  top  water  line  of  the  canal 
to  the  surface,  is 


further  3.50 
5. 


3.70  . 

.50  to  surface  of  the  pond 
2.70  across  the  pond 
1;  . 
1.50  . 

1 .     to  the  same  level. 


Inches, 

146 

323 
392 
517 
816 
816 
416 
306 


22.90 


Another  route  below  the  mills,  following  where  the  red  figures 
are  marked,  was  surveyed  and  levelled. 


CANAL  LAWS,  fee. 


About  2  or  3  chains  below  Stone's  saw  mill,  on  the  Genesee  1809. 
river,  is  a  rock  of  a  loose  shelly  texture,  the  same  that  is  broken  v  V 
away  by  the  falls.   It  will  not  interrupt  for  more  than  5  or  6  rods, 
w  hen  a  very  easy  cut  bank  begins,  the  rock  falling  far  below  the 
level. 

At  the  letter  A,  is  the  place  for  the  locks,  to  fall  the  3G  feet  that 
Mud-creek  is  below  the  Genesee  river.  If  the  level  of  the  river 
■was  carried  any  further,  it  would  follow  a  course  almost  direct  to 
the  river  again,  for  some  miles  probably.  From  the  mouth  of 
Red-creek,  at  the  lower  end  of  the  still  water  of  the  Genesee 
flats,  about  two  miles  below  the  mouth  of  Black-creek,  I  went 
out  to  try  the  country  across  to  S'.^ne-creek.  At  that  time  I 
had  seen  no  map  of  that  township,  and  having  an  unskilful 
guide,  after  levelling  3-4  of  a  mile  to  the  north  of  east,  I  aban- 
doned the  project.  I  now  see  by  the  map  that  I  ought  to  have 
gone  to  the  south  of  east.  There  is  no  person  lives  near  this 
spot,  and  being  uncertain  weather  in  December,  I  did  not  go  out 
again.  The  aqueduct  at  B,  would  be  over  20  feet  above  Stone- 
creek  ;  then  2G  feet  below  the  Genesee  river,  at  a  place  where  it 
has  fallen  6  or  8  feet  below  the  mouth  of  Red-creek.  Say  Stone- 
creek  at  B,  is  C2  feet  lower  than  the  mouth  of  Red-creek,  which 
it  must  be  somewhere  about ;  then  it  is  very  probable  that  it 
will  not  only  be  nearer,  but  cheaper,  to  execute  the  deep  cutting 
through  this  way,  than  to  follow  any  other  route.  True,  it  will 
lengthen  the  lateral  cut  proposed  to  the  harbor  in  the  mouth  of 
Genesee  river,  but  every  thing  should  bend  to  shortening  the 
Qnain  line. 

This  place  chosen  to  cross  the  Gerundegut  valley,  at  Mann's  JjJH**81* 
Mills,  is  the  only  one.  Immediately  above,  the  valley  spreads 
out,  so  that  the  lines  of  level  would  be  perhaps  full  2  miles  apart. 
The  creek  here  which  I  have  called  Stone  creek,  was  first  settled 
on  by  a  person  of  the  name  of  Allen,  and  every  one  calls  it 
Allen  creek;  but  as  Allen  creek,  known  every  where  by  that 
name,  is  just  on  the  other  side  of  the  river,  above  Black  creek, 
I  have  taken  the  liberty  to  alter  this  to  Stone  creek,  a  great  num- 
ber of  the  first  settlers  and  present  inhabitants  of  this  part  of 
the  country,  being  of  the  name  of  Stone. 

Gerundegut  is  spelled  on  all  the  guide-boards  at  the  partings 
of  roads  in  this  town  Irondcquot.  This  is  said  to  be  agreeable 
to  the  Indian  pronunciation.  Iroquois,  and  other  words  with 
inch  a  beginning,  are  said  to  be  common  in  that  language.  Re^ 


CANAL  LAWS,  &g. 


1809.    taining  every  syllable  of  a  long  Indian  word  can  hardly  be  use~ 
«v-— /  ful.    The  termination  gut,  excites  low  ideas,  and  as  the  spelling 
seems  not  yet  established,  how  would  Rondequet  answer  ?  If 
this  stupendous  embankment  should  be  made  here,  and  take  this 
name,  it  would  need  a  little  polishing. 

If  the  level  of  the  Cayuga  lake  could  be  conducted  to  the 
Onondaga  salt  works,  it  would  doubtless  be  a  most  important 
improvement.  Whether  this  could  be  brought  through  the  low 
valley  in  40  and  41  Camillus,  is  unknown ;  if  practicable,  it 
would  make  the  route  very  direct.  It  is  supposed  a  canal  might 
be  led  very  direct  from  Salina  eastward  to  the  Chitteningo 
rapids,  in  73  Cicero.  If  the  level  of  the  Cayuga  lake  could  be 
extended  across  this  country  to  Chitteningo,  it  would  be  extra- 
ordinary. To  ascertain  the  elevation  of  the  highest  land  on 
these  two  lines,  would  be  an  easy  thing,  after  the  levelling  the- 
river  from  Cayuga  lake  to  Three  River  Point  was  done, 

V. 

Letter  from  Simeon  De  Witt,  Esq*  Surveyor  General  of  this  state9 
to  Mr.  William  Darby. 

Albany,  February  25,  1822. 

Dear  Sir: 

Mr.  Geddes  has  presented  your  compliments  to  me,  from  a 

Origin  of  the .  ■  \  •  i       ,  • 

ErieCaaai,&c.  letter  to  him  requesting  materials  relating  to  our  canals,  to  be 
introduced  into  the  Encyclopaedia.  I  will  give  a  brief  sketch  of 
what  was  done  in  relation  to  them,  anterior  to  the  period  which 
has  furnished  the  documents  published  by  Mr.  Haines. 

A  considerable  discussion,  as  you  know,  has  appeared  in 
print,  about  the  origin  of  the  Erie  canal,  with  the  view  of  ascer- 
taining who  is  most  entitled  to  the  honour  of  it.  The  following 
statement  of  facts  will,  I  believe,  enable  the  public  to  form  a 
correct  opinion  on  that  point. 

Soon  after  the  revolutionary  war,  the  attention  of  our  legisla- 
ture was  drawn  to  the  improvement  of  the  internal  navigation  of 
the  state,  and  two  companies  were  incorporated  for  the  purpose, 
to  wit,  the  "  Northern,"  and  "  Western  Inland  Lock  Naviga- 


CANAL  LAWS,  fee, 


tion  Companies/'    With  respect  to  the  latter,  the  views  of  its  1809. 
patrons  evidently  did  not  extend  farther  than  to  the  improvement  ' 
of  natural  streams,  and  the  making  of  short  canals  and  locks  to 
pass  difficult  or  unnavigable  places,  such  as  the  Little  Falls  on 
the  Mohawk  river,  the  communication  between  that  river  and 
the  Wood  creek  at  Rome,  and  some  extraordinary  rifts  or  ra- 
pids, in  order  to  facilitate  the  passage  of  boats  from  Albany,  or 
Schenectady,  to  Oswego,  and  the  Cayuga  lake.    Beyond  these 
nothing  was  then  contemplated.    To  lock  round  the  Niagara 
falls  was  a  subsequent  project,  which  was  never  attempted  to  be 
put  into  execution.    The  merit  of  first  starting  the  idea  of  a    G   ^  If 
direct  communication  by  water,  between  lake  Erie  and  Hudson's  entitled  to  the 

J  1  t  merit  ot  first 

river,  unquestionably  belongs  to  Mr.  Gouverneur  Morris.  The  starting  the 
first  suggestion  I  had  of  it  was  from  him.  In  1S03, 1  accidentally 1  ea" 
met  with  him  at  Schenectady.  We  put  up  for  the  night  at  the 
same  inn,  and  passed  the  evening  together.  Among  the  numer- 
ous topics  of  conversation,  to  which  his  prolific  mind,  and  ex- 
cursive imagination,  gave  birth,  was  that  of  improving  the  means 
of  intercourse  with  the  interior  of  our  state.  He  then  men- 
tioned the  project  of  tapping  lake  Eric,  as  he  expressed  himself, 
and  leading  its  waters,  in  an  artificial  river,  directly  across  the 
country  to  Hudson's  river.  To  this  I  very  naturally  opposed 
the  intermediate  hills  and  valleys,  as  insuperable  obstacles.  His 
answer  was,  in  substance,  labor  improbus  omnia  uinritj  and 
that  the  object  would  justify  the  labour  and  expense,  whatever 
that  might  be.  Considering  this  as  a  romantic  thing,  and  char- 
acteristic of  the  man,  I  related  it  on  several  occasions.  Mr. 
Geddes  now  reminds  me  that  I  mentioned  it  to  him  in  1804,  when 
he  was  here  as  a  member  of  the  legislature,  and  adds  that,  after- 
wards, when  in  company  with  Mr.  Jesse  Hawley,  it  became  a 
subject  of  conversation,  which  probably  led  to  inquiries,  that 

induced  Mr.  Hawley  to  write  the  essays  which  afterwards  an-   J  Hawley 

.  .t  1    wrote  oaaaja 

peared  m  newspapers,  on  the  subject  of  carrying  a  canal  from  «pon  the  sub. 

lake  Erie  to  Albany,  through  the  interior  of  the  country,  without J 

going  by  the  way  of  lake  Ontario.    In  1808,  our  legislature 

adopted  a  resolution,  proposed  by  Mr.  Joshua  Forman,  a  mem-  ^j^JJ™ 

ber  from  Onondaga,  "  directing  the  surveyor-general  to  cause  proposed  it  n 

.  ,       -    .        .       "  ,  thoLegisIutur.- 

an  accurate  survey  to  be  made  of  the  rivers,  streams,  and  waters 
(not  already  accurately  surveyed)  in  the  usual  route  of  commu- 
nication between  the  Hudson  river  and  lake  Erie  ;  and  such 
other  contemplated  route  as  he  may  deem  proper,"  &:c.    In  pur- 


40 


CANAL  LAWS,  &c. 


1809.  snance  of  this  resolution,  after  I  had  got  all  the  information  I 
^— y— — J  could  obtain  by  epistolary  correspondence,  I  commissioned  Mi\ 
James  Geddes,  who  has  since  been  continued  as  an  engineer  on 
first personem^  the  canal,  to  make  surveys,  and  take  the  levels  which  the  nature 
plore,d«fcc?  CX"  °f  tne  business  required.  My  instructions  were,  that  he  should 
examine  whether  a  canal  could  be  made  from  the  Oneida  lake  to 
lake  Ontario,  where  Salmon  creek  enters  it.  This  route  had 
been  represented  as  probably  practicable,  but  was  soon  found  im- 
possible. Mr.  Weston,  the  British  engineer  who  had  some  years 
before  been  employed  by  the  Inland  Lock  Navigation  Company, 
had  reported  the  navigation  from  the  Oswego  falls  to  lake  On- 
tario, along  the  Oswego  river,  as  hardly  susceptible  of  improve- 
ment by  means  of  canalling.  I  therefore  directed  a  route  to  be 
explored  on  the  west  side  of  the  river,  which  had  been  favorably 
represented.  This  was  done  by  Mr.  Geddes,  and  a  practicable 
route  reported.  He  was  next  to  level  round  the  Niagara  falls, 
and  ascertain  the  best  line  of  a  canal  from  above  the  falls  to 
Lewistown.  This  was  also  done ;  besides  which  observations 
were  made  on  the  descent  of  the  Niagara  river  from  lake  Erie 
to  the  falls. 

But  the  most  important  business  remained  yet  to  be  done,  and 
for  doing  which,  in  a  manner  much  to  be  desired,  we  had  not 
adequate  means,  the  money  appropriated  for  all  that  was  direct- 
ed by  the  resolution  being  only  six  hundred  dollars.  What  re- 
mained to  be  done  was  to  ascertain  the  practicability,  and  most 
direct  route  of  a  canal  from  lake  Erie  to  the  Genesee  river,  and 
thence  to  the  waters  running  east  to  the  Seneca  river.  As  our 
scanty  allowance,  when  we  had  got  thus  far,  would  probably  be 
nearly  exhausted,  Mr.  Geddes  was  instructed  to  do  this  as  well 
as  it  could  be  done,  by  mere  inspection,  without  the  use  of  instru- 
ments ;  and  to  collect  such  information  as  might  be  useful  in  a 
further  prosecution  of  the  business,  should  the  legislature  think 
proper  to  provide  for  it.  I  had  received  such  information  from 
Mr.  Joseph  Ellicott,  the  Holland  Land  company's  agent,  as  sat- 
Intarmation  as  isfied  me  that  a  canal  was  practicable  from  the  Niagara  to  the 
to  the  route,  Genesee  river?  by  f0nowjng  the  valley  of  the  Tonnewanta  to  the 
summit,  from  which  a  descent  might  be  made  to  the  east ;  but 
other  parts  of  the  country  were  also  to  be  explored,  in  order 
to  ascertain  which,  of  all  practicable  routes,  would  be  most 
eligible,  and  this  resulted  in  a  report  of  one  almost  precisely  in 
the  line,  which,  after  repeated,  elaborate  and  expensive  examine 


C  \ SAL  LAWS,  &oc 


41 


tions,  has  been  finally  adopted.  Mr.  Geddes  was  directed  more  1809. 
particularly  to  pay  attention  to  that  part  of  the  route  which  laidv"-^ 
between  the  Genesee  and  the  waters  running  cast  into  the  Sene- 
ca river.  Here  some  of  the  most  difficult  passes  occurred,  and 
levels  were  taken  to  ascertain  the  best  manner  of  getting  over 
them,  w  hich  was  specially  noticed  in  the  report,  and  followed, 
with  but  little  deviation,  in  the  final  location  of  the  canal.  From 
the  Seneca  river,  in  the  Cayuga  valley,  to  the  Mohawk  river  at 
Rome,  and  thence  to  Hudson's  River,  the  face  of  the  country 
is  so  well  known,  as  to  leave  no  apprehensions  of  insuperable 
difficulties.  Thus  then  was,  by  the  operations  of  1808,  the  fact 
satisfactorily  established,  that  a  canal  from  lake  Erie  to  Hud- 
son's river  was  not  only  practicable,  but  practicable  with  uncom- 
mon facility. 

The  favourable  light  in  which  the  report  of  this  year's  work 
presented  the  projected  enterprise,  after  encountering  prejudices 
from  various  sources,  and  oppositions  made  for  various  reasons, 
induced  the  legislature,  in  1810,  to  organize  a  board  of  commis- 
sioners, with  powers  and  means  to  prosecute  the  business.  The 
commissioners  were,  Gouvcmeur  Morris,  Stephen  Van  Renssc-  First  Commit 
her,  Be  Witt  Clinton,  Simeon  De  Witt,  William  North,  Thomas  9ioner8, 
Eddy,  and  Peter  B.  Porter;  to  which  were  afterwards  added, 
Robert  R.  Livingston,  and  Robert  Fulton.  Under  this  commis- 
sion, the  exploring  surveys  commenced  in  1808,  were  continued 
under  the  direction  of  the  surveyor-general,  and  preparatory 
measures  concerted  for  ulterior  effective  operations.  Mr.  Ged- 
des was  continued  as  the  engineer,  to  prosecute  the  examination 
of  the  country,  with  the  view  of  permanently  locating  the  ca- 
nal. In  this  year  he  ascertained  the  place  where  the  important 
passage  might  be  made  from  the  Tonnevvanta  creek  through  the 
ridge  which  bounds  it  on  the  north,  whence  the  country  is  on  a 
continued  descent  to  the  Genesee  river.  By  this  means  was 
avoided  the  very  considerable  additional  length  of  canal, 
which  would  otherwise  have  been  necessarily  caused  by  a  cir- 
cuitous route  along  the  Niagara  valley  to  the  neighbourhood  of 
Lewistown,  before  it  could  take  its  eastern  direction  along  the 
northern  declivity  of  the  ridge.  The  commissioners  were  pre- 
vented from  the  effectual  execution  of  their  plans  by  the  occur- 
rence of  the  late  war.    Since  which  the  history  of  proceedings 

6 


42 


CANAL  LAWS,  &c. 


1809.  relating  to  the  canal  may  be  collected  from  the  documents  which 
— v— ^  have  already  been  published. 

I  have  thus  given  you  a  very  condensed  representation,  or 
rather  a  loose  outline  sketch,  of  the  inceptive  operations  which 
led  to  the  serious  undertaking  of  what  we  now  call,  with  a  justi- 
fiable pride,  our  grand  canal.  The  official  report  of  the  trans- 
actions of  1 808  is  composed  in  about  sixty  close  written  large 
quarto  pages,  with  the  necessary  explanatory  maps  ;  and  remains 
deposited  in  the  secretary  of  state's  office. 

I  am,  very  respectfully, 

your  obed't  h.  serv't, 

S.  DE  WITT. 

Mr.  William  Darby. 


Letter  from  James  Geddes  Esqr.  Canal  Engineer,  to  Mr.  Wil- 
liam Darby. 

Albany,  February  22,  1822. 

Dear  Sir — 

o  "  n  of  the  Shortly  after  the  receipt  of  your  last  letter,  I  was  by  the  ca- 
New-lork  ca-  nal  commissioners  ordered  on  to  the  northern  canal,  to  examine 
a  new  plan  for  a  feeder,  which  has  made  it  impossible  for  me 
to  give  the  attention  to  your  queries  concerning  our  canals,  which 
I  intended.  From  what  I  shall  send,  you  may  perhaps  pick  out 
something  that  you  will  use. 

"  At  what  period,  and  by  whom,  was  either  of  the  New- York 
canals  designed  ?"  Canals  between  the  Hudson  and  northern 
Wood  creek,  and  between  the  Mohawk  and  western  Wood  creek, 
must  have  been  contemplated  by  the  first  navigators  of  those  wa- 
ters; things  so  obvious  must  have  early  struck  every  one,  but 
the  idea  of  the  Erie  canal  is  of  very  modern  origin.  In  the 
winter  of  1804, 1  learnt  for  the  first  time,  from  the  surveyor-gen- 
eral, that  Mr.  Gouverneur  Morris,  in  a  conversation  between 
them  in  the  preceding  autumn,  mentioned  the  scheme  of  a  canal 
from  lake  Erie  across  the  country  to  the  Hudson  river.  The 
idea  of  saving  so  much  lockage  by  not  descending  to  lake  On- 
tario, made  a  lively  impression  on  my  mind,  by  which  I  was 
prompted  on  every  occasion  to  inquire  into  the  practicability  of 


CANAL  LAWS,  fcc. 


43 


the  project,  and  entered  with  enthusiasm  on  the  task  assigned  me     1 809. 
by  the  surveyor-general  in  1808,  of  expending  the  small  sum  of  s^v-W 
six  hundred  dollars,  then  granted  by  our  legislature,  "  for  ma- 
king levels,"  &c.    After  spending  the  money  and  summer  of 
that  year  in  examinations  between  lake  Erie  and  Ontario,  Mud  _ 

J  The  routo 

creek  and  Sodus  bay,  Oneida  lake  and  Ontario,  &c.  the  spot  of  explored, 
great  difficulty  and  uncertainty  respecting  our  inland  route,  re- 
mained unexamined,  to  wit,  the  tract  between  Genesee  river  and 
Palmyra,  or  head  waters  of  Mud  creek,  and  the  hopes  from  a 
v  iew  of  maps  discouraging  indeed.  Where  was  the  water  to  be 
got  for  locking  over  the  high  land  that  was  supposed  to  rise  be- 
tween Genesee  river  and  Mud  creek.  All  knowledge  of  an  inte- 
rior route  was  incomplete,  while  this  piece  of  country  remained 
unknown.  In  December  of  that  year,  I  again  left  home  for  the 
above  object,  and  after  discovering  at  the  west  end  of  Palmyra 
that  singular  brook  which  divides,  running  part  to  Oswego  and 
part  to  the  Irondequot  bay,  I  levelled  from  this  spot  to  the  Gen- 
esee river,  and  to  my  great  joy  and  surprise  found  the  level  of 
the  river  far  elevated  above  the  spot  where  the  brooks  parted, 
and  no  high  land  between.  But  to  make  the  Genesee  river  run 
down  Mud  creek,  it  must  be  got  over  the  Irondequot  valley. 
After  levelling  from  my  first  line  1J  mile  up  the  valley,  I  found 
the  place  where  the  canal  is  now  making  across  that  stream  at 
Mann's  mills.  This  formidable  obstruction  I  examined,  level- 
ling over  where  the  canal  is  now  making,  and  over  the  mill- 
pond,  from  which  surveys  I  made  the  map  of  which  I  send  yo  u 
a  copy. 

The  passage  of  the  Irondequot  valley  is  on  a  surface  not  Irondrquot 
surpassed,  perhaps  in  the  world,  for  singularity.  No  ade-va,ley- 
quate  idea  can  be  conveyed  without  a  map.  Those  ridges  along 
the  top  of  which  the  canal  is  carried,  are  in  many  places  of  just 
sufficient  height  and  width  for  its  support,  and  for  75  chains  the 
canal  is  held  up,  in  part  by  them,  and  in  part  by  artificial  ridges, 
between  40  and  50  feet  above  the  general  surface  of  the  earth  ; 
the  sides  of  them  are  in  most  places  remarkably  steep,  so  that 
when  the  work  is  finished,  the  appearance  to  a  stranger  will  be, 
that  nearly  all  those  natural  embankments  were  artificial  works. 
At  A,  the  base  of  the  ridge  is  so  narrow,  that  for  some  chain- 
stone  walls  are  built  on  each  side,  to  keep  the  earth  from  filling 
the  roads  at  its  base.  The  nrch  through  which  the  stream 
passes  under  this  stupendous  embankment  is  2f>  feet  span.  17 


44 


CANAL  LAWS,  bo. 


1809.  feet  high,  and  245  feet  long,  resting  upon  nearly  1000  piles, 
«— vr— '  Some  of  them  driven  20  feet.  The  surface  of  this  wood  foun- 
dation is  just  70  feet  below  the  top-water  line  of  the  canal.  At 
JB  the  ridge  is  higher  and  wider  than  is  needed  for  the  support 
of  the  canal,  and  the  view  to  the  south  obstructed  for  a  short 
distance.  The  red  figures  on  the  map  show,  in  feet,  the  eleva- 
tion of  the  place  where  they  are,  above  the  surface  of  the  mill- 
pond;  the  whole  country  thinly  timbered  with  oak.  While 
traversing  these  snowy  hills  in  December,  1808,  I  little  thought 
of  ever  seeing  the  Genesee  waters  crossing  this  valley  on  the 
embankment  now  constructing  over  it.  I  had,  to  be  sure,  lively 
presentiments,  that  time  would  bring  about  all  I  was  planning, 
that  boats  would  one  day  pass  along  on  the  tops  of  these  fantas- 
tic ridges,  that  posterity  would  see  and  enjo}^  the  sublime  spec- 
tacle, but  that  for  myself,  I  had  been  born  many,  very  many 
years  too  soon.  There  are  those,  sir,  who  can  realize  my  feelings 
on  such  an  occasion,  and  can  forgive,  if  I  felt  disposed  to  ex- 
claim Eureka,  on  making  this  discover}'.  How  would  the  great 
Brindley,  with  all  his  characteristic  anxiety  to  avoid  lockage, 
have  felt  in  such  a  case  :  all  his  cares  at  an  end  about  water  to 
lock  up  from  the  Genesee  river,  finding  no  locking  up  required. 
Boats  to  pass  over  these  arid  plains,  and  along  the  very  tops  of 
these  high  ridges,  seemed  then  like  idle  tales  to  every  one  around 
me.  Seventy-three  dollars  was  afterwards  allowed  by  the  legis- 
lature in  addition  to  the  six  hundred. 

The  east  end  of  lake  Erie,  where  the  canal  boats  and  lake  ves- 
I.6keSEried  °f  se^s  shall  come  together,  will  one  day  become  a  ver}'  important 
spot.  To  understand  its  particular  localities  a  map  is  indispen- 
sable. Great  difficulties  attend  getting  a  spacious  harbour  at 
this  place,  and  a  very  spacious  one  will  be  required.  From  ex- 
aminations made  last  fall,  I  have  made  myself  so  well  acquaint- 
ed with  every  thing  relating  to  this  place,  as  to  abandon  my  for- 
mer plan  of  making  a  harbour  by  uniting  island  to  island,  by 
mounds,  as  published  by  Mr.  E.  Watson.  At  present,  I  propose 
to  have  the  canal  terminate  opposite  the  lower  end  of  Squaw 
island,  at  which  place,  let  the  island  be  connected  with  the  main 
shore,  by  a  dam  raised  to  the  level  of  the  lake,  which  is  from  3 
to  4  feet  higher  than  the  river's  surface  at  this  place.  After 
raising  such  parts  of  the  island  as  are  too  low,  to  the  lake  level, 
run  a  mole  from  the  upper  end  thereof,  in  length  about  1|  mile 
to  the  surface  of  the  lake,  a  little  above  Bird  island,  the  height 


CANAL  LAWS,  fcc. 


45 


01  which  mole  shall  correspond  with  the  level  of  the  lake.  About  1S09. 

4  chains  from  the  shore,  on  an  average,  is  as  far  out  as  this  mole  *  v — 

ought  to  be  built,  that  sufficient  waterway  may  be  still  left  in 
the  Niagara  river.  The  surface  between  Squaw  island  and  the 
shore  is  almost  80  acres,  with  56  between  the  mole  and  the  shore, 
is  136  acres.  But  in  all  probability,  this  harbour  will  in  a  short 
time  be  insufficient  for  the  boats  and  sail  vessels  that  will  crowd 
into  it  in  the  spring  season.  A  lock  will  then  be  wanted  to  lock 
out  into  the  river  where  it  is  still  and  deep,  below  Black-Rock 
Rapid,  and  such  a  lock  is  now  much  wanted  for  the  use  of  all 
such  vessels  as  are  by  stress  of  weather,  driven  through  the  Bri- 
tish channel  down  the  rapids,  for  the  purpose  of  locking  them 
up  to  the  lake  level  again. *  At  present,  these  vessels  are  drawn 
up  by  15  or  20  yoke  of  oxen.  Out  of  this  harbour  a  brand i 
canal  can  be  made  to  Buffalo  village.  The  creek  here  is,  for 
H  mile  in  length,  on  an  average  3  chains  wide,  deep  enough  for 
lake  vessels.  This  makes  but  30  acres,  not  quite  equal  to  one 
of  the  East  India  docks,  artificial  works  in  London.  In  Mr. 
Haines'  "  Introduction,  See/'  lately  published,  he  says,  £;  when 
14  the  destinies  of  the  western  country  are  duly  considered,  and 
u  the  riches  of  our  own  state  are  duly  appreciated,  it  is  no  vi- 
M  sionary  calculation  to  say,  that  a  million  of  tons  (annually)  will 
pass  through  the  western  canal  in  the  course  of  a  few  years." 
And,  if  a  few  years  will  do  all  this,  what  shall  time,  bringing  on 
these  destinies  with  an  accelerated  velocity,  accomplish,  be- 
fore all  the  eyes  of  the  present  planners  shall  be  for  ever 
closed. 

The  annual  report  of  our  canal  commissioners  will  in  a  feu 
days  be  published,  from  which  the  present  state  of  the  canals 
will  be  seen  ;  I  will,  sir,  send  you  a  cop}'  as  quick  as  it  is  in  my 
power,  and  shall  regret  much  if  your  printer  shall  not  allow  tim« 
for  you  to  see  said  report  in  season  to  avail  yourself  of  it. 

Some  things  that  I  have  dwelt  upon  may  not  interest  you,  as  1 
may  have  expected.  The  Irondequot  embankment  will  I  think 
receive  the  admiration  of  all  visitors.  I  have  seen,  sir,  the  fa- 
mous Harper's  ferry  on  the  Potomac,  and  if  the  philosopher  of 
Monticello,  could  sec,  when  finished,  said  embankment,  I  trust  he 
would  pronounce  it  a  sight  still  more  worth  a  voyage  across  the 


*  For  no  vessel,  in  a  stonn,  can  enter  either  the  harbour  lure  described,  or  the  One 
o.->n?trnrt'n^s<  B'iflaJo. 


Hi  (  A  VA  L  LAWS,  &c. 

1810.    Atlantic,  than  Harper's  ferry.    On  the  highest  part  of  the  penin- 
sula,  what  a  site  for  a  Belvidere. 

If  I  print  any  more  of  my  maps  of  the  Champlain  canal,  there 
shall  be  laid  down  on  it  the  new  proposed  feeder,  between  6  and 
7  miles  long,  intended  as  a  canal  past  Glen's-falls  and  Baker's 
falls. 

Respectfully,  I  am,  Sir, 

your  most  obt.  servant, 

J.  GEDDES. 

Mr.  W.  Darby. 


VI. 


In  Senate,  March  lo,  1810. 
Mr.  Plain's     On  motion  of  Mr.  Piatt,  the  following  resolutions,  with  their 

resolutions.  .    .  ,  . 

recitals  were  passed,  to  wit — 

Whereas  the  agricultural  and  commercial  interests  of  this  state 
require,  that  the  inland  navigation  from  Hudson's  river  to  lake 
Ontario  and  lake  Erie,  be  improved  and  completed  on  a  scale 
commensurate  to  the  great  advantages  to  be  derived  from  the  ac- 
complishment of  that  important  object. 

And  whereas  it  is  doubtful  whether  the  resources  of  the  western 
inland  lock  navigation  company  are  adequate  to  such  improve- 
ments :  Therefore, 

Resolved,  (if  the  honorable  the  assembly  concur  herein)  That 
Gouverneur  Morris,  Stephen  Van  Rensselaer,  De  Witt  Clinton, 
Simeon  De  Witt,  William  North,  Thomas  Eddy  and  Peter  B. 
Porter,  be  and  they  are  hereby  appointed  commissioners  for  ex- 
ploring the  whole  route,  examining  the  present  condition  of  the 
said  navigation,  and  considering  what  further  improvement  ought 
to  be  made  therein  :  that  they  be  authorised  to  direct  and  pro- 
cure such  surveys  as  to  them  shall  appear  necessary  and  proper 
in  relation  to  these  objects,  and  that  they  report  thereon  to  the  le- 
gislature at  their  next  session,  presenting  a  full  view  of  the  sub- 
jects referred  to  them,  with  their  estimates  and  opinion  thereon. 

And  whereas  numerous  inhabitants  of  the  counties  of  Oneida, 
Madison  and  Onondaga,  have  by  their  petitions  represented,  that 
by  reason  of  the  spring  freshets  the  Oneida  lake  is  usually  raised 
so  high  as  to  inundate  larcre  tracts  of  land  adjacent  thereto,  which 


(  ANAL  LAWS*  Sic. 


IT 


are  thereby  rendered  unfit  for  cultivation  and  highly  injurious  to  1810. 

the  health  of  the  neighboring  inhabitants  ;  and  that  the  said  evils  *  v — 

may  be  easily  remedied  by  removing  a  bar  and  deepening  the 
channel  at  the  outlet  of  said  lake.  Therefore, 

Resolved,  (if  the  honorable  the  assembly  concur  herein)  That 
the  commissioners  above  named  be  and  they  are  hereby  directed 
to  examine  the  subject  of  the  said  petitions,  and  to  report  to  the 
legislature  their  opinion  as  to  the  practicability,  the  expense  and 
the  effects  of  removing  the  bar  and  deepening  the  channel  at  the 
outlet  of  said  lake. 


In  Assembly,  March  15,  1810. 
do  concur  with  the  honorable  l 
;enate  in  their  said  preceding  resolution.  concur. 


Resolved,  That  this  house  do  concur  with  the  honorable  the  As8cmblT 


Extract  from  the  act  entitled  "  an  act  for  the  payment  of  certain  offi- 
cers of  government  and  for  other  purposes"  passed  April  5, 
1810. 

[Session  33.  chap.  193.  §.43.] 

XL1II.  And  be  it  further  enacted,  That  the  treasurer  shall  pay,  ^©oo  appro- 
on  the  warrant  of  the  comptroller,  to  the  order  of  the  commis-  Pnated,<tc. 
sioners,  or  a  majority  of  them,  appointed  by  concurrent  resolu- 
tions of  the  senate  and  assembly,  agreed  to  by  the  assembly  on 
the  fifteenth  of  March,  for  the  purpose  of  exploring  the  route  be- 
tween Hudson's  river  and  lakes  Erie  and  Ontario,  and  reporting 
thereon  to  the  legislature,  such  sum  or  sums  as  shall  be  required 
by  them  to  execute  the  said  business,  not  exceeding,  in  the  whole, 
the  sum  of  three  thousand  dollars. 


48 


CANAL  LAWS,  Sic. 


1811. 

*  r-~>  VI  J. 

Report  of  the  Commissioners  appointed  by  the  last  preceding  joint 
resolution  of  the  Senate  and  Assembly. 

In  Senate,  March  2,  1811. 
The  Commissioners  appointed  by  joint  resolutions  of  the  honour- 
able the  Senate  and  Assembly  of  the  state  of  New-York,  of  the 
13th  and  Ibth  March,  1810,  to  explore  the  route  of  an  inland 
navigation  from  Hudson's  river  to  lake  Ontario  and  lake  Erie, 
beg  leave  to  REPORT: 
Report  of  the    That  they  have  examined  the  country  as  critically  as  time 

commissioners.  "  "  * 

and  circumstances  would  permit,  and  caused  surveys  to  be  made 
for  their  better  information. 

They  beg  leave  to  observe,  on  the  present  navigation  of  the 
Mohawk  river,  Wood  creek,  Oneida  lake,  and  the  Oswego  river, 
which  extend  from  Schenectady  to  lake  Ontario,  (saving  only  a 
portage  at  the  Falls,  within  twelve  miles  of  Oswego)  that  expe- 
rience  has  long  since  exploded  in  Europe  the  idea  of  using  the 
beds  of  river,  beds  of  rivers  for  internal  navigation,  where  canals  are  practi- 
ce, exploded  ca^\et    rpj^  reasonmg  on  tnat  subject,  applies  with  greater 

force  in  America.  For  in  the  navigation  of  rivers,  reliance  must 
be  had  principally  on  the  labour  of  men  ;  whereas,  along  canals, 
the  force  employed  is  generally  that  of  horses.  But  the  labour 
of  men  is  dearer,  and  the  subsistence  of  horses  cheaper  in  Amer- 
ica than  in  Europe.  Experience  moreover,  has,  in  this  country, 
declared  against  following  the  course  of  rivers,  more  decidedly 
than  in  the  old  world  ;  for  there,  notwithstanding  the  excellence 
of  the  highways,  transportation  is  performed  (between  Rouen 
and  Paris,  for  instance)  in  boats  drawn  up  the  river  :  but  along 
the  Mohawk,  though  the  road  from  Schenectady  to  Utica  is  far 
from  being  good,  it  is  frequently  preferred  to  the  river. 
Canals  from      gv  the  aid  of  canals,  a  good  navigation  (for  boats)  can  un- 

Schenectady  to         J  «        «\  i  l    t«  11    •     't" r\ 

Oswego  river  questionably  be  made  from  Schenectady  to  the  r  alls  m  the  Os- 
son,  &ce  Hud  wego  river,  twelve'  miles  south  of  lake  Ontario.    From  Sche- 
nectady to  the  Hudson,  and  from  the  Falls  just  mentioned,  to 
the  lake  Ontario,  a  boat  navigation  is  also  practicable ;  but 
whether  it  be  advisable,  may  deserve  consideration. 

\  preliminary  point  to  decide,  is.  whether  by  this  rente,  vessels 


CANAL  LAWS,  &c. 


.IV 


can  be  taken  across,  of  size  and  form,  to  navigate  with  advan-  1811. 

tage,  lake  Ontario  and  Hudson's  river ;  such,  for  instance,  as  <^-v^*> 

sloops  and  schooners  of  fifty  or  sixty  tons.  Can  vr_ 

The  commissioners  believe  this  to  be  impracticable,  from  the  navigate  lake-, 

1  m  &c.  r 

want  of  w  ater  at  the  summit  level.    Whether  a  sufficient  supply 

even  for  boats  can  be  obtained  in  a  dry  season,  should  the  whole 

trade  of  the  great  lakes  be  turned  that  way,  is  a  matter  worthy 

of  consideration. 

Admitting,  however,  that  the  boat  navigation  were  completed 
to  the  Falls,  in  Oswego  river,  and  a  sufficient  supply  of  water 
secured,  it  remains  to  inquire  whether  it  would  be  prudent  to 
expend  what  may  be  needful  on  die  navigatiou  between  those 
Falls  and  the  lake. 

It  will  be  seen  by  the  report  of  the  surveyor  hereunto  annexed,  Descent  from 
that  in  this  distance  there  is  a  descent  oi  little  less  than  one  lake, 
hundred  feet,  and  that  the  circumstances  are  peculiarly  unfavour- 
able; so  much  so,  that  an  intelligent,  practical  man  (Mr.  Weston) 
formerly  pronounced  it  impossible.  That  word,  however,  when 
used  on  occasions  of  this  sort,  must  be  understood  as  standing 
in  relation  to  the  means  which  can  prudently  be  applied  to  the 
end. 

In  examining  the  amount  of  expenditure  which  prudence  may 
justify,  it  is  to  be  noted,  that  if  the  same  boat  which  arrives  at 
the  upper  end  of  the  Falls,  could  after  reaching  Oswego,  pro- 
ceed on  her  voyage,  it  might  be  worth  while  to  calculate  whether 
the  saving  of  time  and  expense  in  lading  and  unlading,  would 
bear  any  rational  proportion  to  the  cost  of  completing  that 
navigation  ;  but  that  is  not  the  case,  and  therefore  it  would  be  Rail  wtjr. 
more  advisable  if  the  communication  be  deemed  of  sufficient  im- 
portance to  construct  a  rail-way. 

This,  according  to  the  estimate  of  an  intelligent  and  experi- 
enced man,  (Mr.  Latrobe)  annexed  to  Mr.  Secretary  Gallatin's 
report  on  canals  and  roads,  would  cost  about  10,000  dollars  per 
mile  ;  and  by  the  aid  of  it,  one  horse  could  transport  eight  tons,  powerol-  w# 
supposing  the  angle  of  ascent  not  to  exceed  one  degree.  hgrse- 

But  an  angle  of  one  degree  will  ascend  in  a  mile  upward?  cf 
ninety-two  feet,  or  nearly  as  much  as  the  difference  of  level  in 
the  whole  twelvp  miles.  If,  then,  two  dollars  be  allowed  for  a 
horse,  wagon  and  driver's  wages,  (with  such  return  load  as  he  ££$?ioa  of 
can  procure  for  his  profit)  and  ten  cent?  be  allowed  for  the  use  of 
the  rail-way,  and  if  it  be  supposed  that  only  fire  »ous  be  takeg, 


60 


CANAL  LAWS,  kc\ 


1811.  instead  of  eight,  the  cost  will  be  for  each  ton,  the  twelve  miles, 
v^^/-^'  forty-two  cents,  or  three  and  a  half  cents  per  mile ;  at  which 
rate,  one  hundred  and  forty  miles,  (a  greater  distance  than  be* 
tween  Oswego  and  Lewistown,  along  lake  Ontario)  would  come 
to  four  dollars  ninety  cents,  being  thirty-five  cents  less  than  the 
freight  now  paid. 

A  question,  however,  of  more  importance,  presents  itself. 
Admitting  that  it  were  easy  to  complete  a  boat  navigation  from 
Home  to  lake  Ontario,  and  more  difficult  and  expensive  (in  com- 
parison) to  effect  a  canal  navigation  to  lake  Erie,  would  it  not 
toe  advisable  to  descend  into  lake  Ontario,  rather  than  encounter 
the  difficulty  and  expense  of  the  other  course  ? 

The  Commissioners  believe  it  would  not ;  and  without  relying 
as  they  might,  for  support  of  their  opinion,  on  the  comparative 
expense  of  transportation,  (a  topic  which  will  find  a  better  place 
elsewhere)  it  is  sufficient  to  say,  here,  that  articles  for  exporta- 
tion, when  once  afloat  on  lake  Ontario,  will,  generally  speaking, 
go  to  Montreal,  unless  our  British  neighbors  are  blind  to  their 
own  interest ;  a  charge  which  ought  not  lightly  to  be  made 
against  a  commercial  nation. 

Freight  from  Niagara  to  Oswego  will,  from  the  difficult  and 
dangerous  access  to  that  harbor,  be  as  high  as  to  the  head  of  the 
rapids  in  the  river  St.  Lawrence.  The  descent  from  thence  to 
Montreal  is  less  than  the  ascent  from  Oswego  to  Rome.  It  is 
Lake  oiitario  true  that  lake  Ontario  is  estimated  at  one  hundred  and  nine- 

3SG  leet  above 

tide  watexyand  ty-six  feet  above  tidewater,  and  the  Rome  level,  only  one  hundred 
384  above  the  and  eighty-four  feet  above  the  lake:  but  there  is  a  considerable 
descent  in  the  river  St.  Lawrence,  in  a  distance  of  about  seventy 
miles,  to  the  lower  end  of  the  present  sloop  navigation,  through 
which  the  current  is  sometimes  strong.  There  is  also  a  consid- 
erable descent  from  Montreal,  in  a  distance  of  about  thirty  miles 
to  tide  water  in  the  lake  St.  Peters.  Perhaps  it  will  be  found 
that  an  average  allowance  of  three  inches  per  mile,  (in  the 
whole,  upwards  of  twenty  feet)  is  not  too  much,  and  that  the 
river  at  Montreal  i$  not  one  hundred  and  seventy  feet  below  the 
upper  surface  of  the  gailot's  rapids.  In  the  distance  of  one 
hundred  miles  between  these  places,  there  are  forty  <  f  still  water, 
viz.  about  thirty  in  lake  St.  Francis,  between  the  foot  of  Long 
Saul  and  the  head  of  the  Coteau  du  Lae  rapid,  and  upwards  af 


CANAL  LAWS,  to. 


ten  in  the  lake  of  the  Two  Mountains,  between  the  loot  of  the  1811, 
cascade  at  the  cedars,  and  the  La  Chine  rapid.  -v— 

Thus  there  will  remain  but  sixty  miles  of  canal,  with  an  ave- 
rage fall  of  thirty-four  inches  per  mile.  The  land  descends 
proportionately  to  the  water,  so  that  there  can  be  but  little  deep 
cutting  ;  the  soil  is  easy  to  dig,  there  are  no  streams  or  ravines 
of  any  consequence  to  cross,  and  there  is  an  inexhaustible  sup- 
ply of  pure  water,  which  never  varies  much  in  its  height,  for  any 
canal  whatever. 

Under  circumstances  so  propitious,  it  is  probable  that  a  good 
sloop  navigation  from  above  the  gallots,  to  Montreal,  would  cost 
less  than  a  good  boat  navigation  from  Oswego  to  Rome.  The 
extent  of  this  last,  deducting  the  Oneida  lake,  is  fifty-six  miles  ; 
the  fall  is  on  an  average  near  forty  inches  per  mile  ;  the  supply 
of  water  is  doubtful,  and  in  twelve  miles  of  the  distance,  obstacles 
almost  insurmountable,  present  themselves. 

These  are  facts,  to  which  it  would  be  in  vain  for  the  citizens  of 
the  L  nited  States  to  shut  their  eves.  The  eyes  of  a  rich,  enter- 
prising, commercial  rival  are  open  ;  and  when  it  is  considered 
that  (if  the  means  of  easy  export  be  supplied  to  the  inhabitant  < 
w  ho  may  settle  near  the  great  lakes)  that  country  will,  in  no 
distant  period,  furnish  a  more  abundant  stock  of  commodities 
for  foreign  trade,  than  is  now  sent  from  all  the  Atlantic  ports  of 
the  union — it  would  be  absurd  to  doubt,  whether,  in  the  compe- 
tition for  that  commerce,  our  neighbors  will  employ  the  means  in 
their  power  ;  nor  must  it  be  forgotten,  that  the  revenue  which 
under  present  circumstances  is  raised  from  commerce,  and  which 
no  probable  change  will  reduce  below  an  ad  valorem  duty  often 
per  cent,  cannot  but  operate  in  favour  of  our  rivals.  True  it  \s3 
that  as  far  as  regards  the  pecuniary  benefit  of  those  who  may 
settle  along  the  lakes,  the  route  by  which  their  products  are  sent 
abroad,  and  their  supplies  of  foreign  articles  introduced,  must  be 
to  them  a  matter  of  little  consequence.  But  the  political  con- 
nexion which  would  probably  result  from  a  commercial  connex- 
ion, certainly  deserves  the  consideration  of  intelligent  men. 

The  Commissioners  have  no  doubt,  that  obstructions  at  the  obstructiatn 
mouth  of  Oneida  lake  may  be  removed,  so  as  to  lower  the  surface  JJ  ol 

J  7  Oneida  lake* 

of  that  lake  from  eighteen  inches  to  two  feet,  at  no  great  ex-  &c. 
pense,  and  with  little,  if  any,  injury  to  the  navigation.  But 
they  have  not  been  able  to  satisfy  themselves  that  the  lands  con- 
templated in  the  petitions  which  the  joint  resolutions  refer  to, 


CANAL  LAWS,  feci 


1S1L    would  be  in  any  wise  affected  by  operations  at  the  mouth  of 
**-^v-^'  Oneida  lake.     According  to  the  information  they  have  obtained, 
these  lands  are  inundated  by  the  waters  of  Butternut,  Limestone, 
Chiteningo  and  Canaserago  creeks,  obstructed  before  their  en- 
trance into  the  lake. 
Mr.  Geddes'     in  respect  to  an  inland  navigation  direct   from  lake  Erie 

report  referred  ° 

■to.  to  Hudson's  river,  the  Commissioners  beg  leave  to  refer  for  in- 

formation to  the  annexed  reports  and  maps  of  Mr.  James  Geddes, 
employed  at  their  request  by  the  surveyor-general.  .  From  these 
it  is  evident  that  such  navigation  is  practicable.  Whether  the . 
route  he  sketched  out  will  hereafter  be  pursued ;  whether  a  better 
may  not  be  found— and  other  questions  subordinate  to  these,  can 
only  be  solved  at  a  future  time,  when  an  intelligent  man, 
regularly  bred  to  this  business,  shall',  under  the  direction  of  those 
on  whom  the  public  may  think  proper  to  devolve  the  superin- 
tendence, have  made  a  more  extensive  and  careful  scrutiny  than 
the  time  and  means  of  the  Commissioners  would  permit.  They 
conceive,  however,  that  it  may  not  be  improper  to  say  a  few 
Route  divided  words  on  the  topography  of  the  country,  which  maybe  divided 

parts.  into  three  parts,  nearly  equal. 

1st  part        r^^ie  M°nawk  river,  as  is  well  known,  runs  in  a  deep  ravine, 

Mohawk  river,  and  there  is,  generally  speaking,  along  its  banks  a  vale  of  rich 
soil.  In  different  places,  however,  spurs  from  the  neighboring 
hills  project  themselves  to  the  edge  of  the  river.  On  the  north 
side,  fall  in  sundry  small  streams,  and  two  (the  east  and  west 
Canada  creeks)  which  are  large  and  copious,  especially  the 
latter  ;  they  are  both  rapid,  and  run  in  deep  ravines.  On  the 
right  side,  also,  there  are  several  tributary  streams.  The  most 
considerable  of  these  is  the  Schoharie,  which,  rising  among  the 
Catskill  mountains,  has  scooped  out,  with  its  impetuous  waters, 
a  wide  and  deep  ravine. 

The  stream  next  in  importance,  coming  in  from  the  south,  is  the 

Oriskany.  Oriskany,  which  is  especially  valuable,  because  it  enters  the  river 
not  far  from  the  summit  level  at  Rome,  and  may,  perhaps,  be- 
come useful  as  a  feeder.  This  forms  the  first,  eastern,  or  river 
division,  in  which  navigation,  though  defective,  already  exists. 
In  this  division,  with  proper  management,  there  will  be  no  defect 
of  water  for  a  boat  canal,  unless,  perhaps,  in  very  dry  seasons, 
at  the  summit  level. 
2d  jjart.  The  second,  middle,  or  lake  division,  extends  from  the  summit 
level  westward  to  the  outlet  of  the  Canandarque  lake>    In  it.  lie 


CANAL  LAWS,  be; 


four  lakes,  the  Oiisco,  Skeneatelas,  Owasco  and  Canandarque,  1811. 
higher  than  anv  canal  which  may  be  extended  from  lake  Erie  tov*     v  ' 

l-anandarqje, 

the  Hudson,  and  furnisning  a  copious  supply  of  water.    Ot  the  Ot.sco,  Skeoe- 
two  largest  kikes,  the  Seneca,  increased  by  a  stream  from  Crook-  bwasco  lake, 
ed  lake,  lies  nearly  on  the  same  level  with  Rome,  but  the  Cayuga 
much  lower. 

In  this  division,  the  turnpike  road  crosses  high  hills,  but  they  all 
terminate  not  far  north  of  it,  leaving  a  large  deep  valley,  upwards 
of  eighty  miles  long,  from  east  to  west,  and  about  twenty  wide 
from  north  west  to  south  east.  If,  "indeed,  the  Cayuga  lake, 
embosomed  in  a  ravine  which  opens  to  the  north  on  the  valley, 
be  considered  as  part  of  it,  the  breadth  will  be  fifty  miles.    In  Cayng^Onoo* 

r  +       daira  and  One;- 

this  valley,  lie  the  Onondaga,  Cross  and  Oneida  lakes.  It  is  dalakc. 
bounded  on  the  north,  by  a  dividing  ridge  of  land,  which 
stretches  from  near  theGerundegut  bay,  eastwardly,to  the  neigh- 
borhood of  Rome,  where  it  joins  the  dividing  ridge  north  of  the 
Mohawk,  between  the  waters  of  the  St.  Lawrence  and  those  of 
the  Hudson. 

The  third,  western,  or  dry  division,  extends  from  the  western  r  ,3d  P8^; 

'  1  .  .  Lake  division. 

boundary  of  the  .  lake  division  to  lake  Erie.  In  this,  although  Genesee  river, 
the  Genesee  river  runs  through  it,  a  want  of  water  is  already 
felt,  and  will  daily  become  more  sensible,  as  the  country  is  clear- 
ed. The  Genesee  river,  itself,  is  a  torrent,  which,  however  co- 
pious, or  even  superabundant  it  may  be  in  the  spring,  is  in  the 
autumn  almost  dry.  This  tract  of  country,  especially  after 
parsing  the  Flats  of  the  Genesee,  may,  with  little  violence  to  the 
propriety  of  language,  be  called  a  plain  :  and  here  it  may  be 
proper  to  notice  a  peculiarity  in  the  shape  of  the  northern,  and 
much  of  the  western  part  of  the  state,  which  distinguishes  it 
widely  from  the  country  lying  south  east  of  the  mountains. 

The  descent  from  the  dividing  ridge,  northward,  is  generally 
by  a  gradation  of  plains,*  nearly  horizontal.  These,  and  the  Deseea^An 
streams  by  which  they  are  watered,  have  a  similar,  and,  as  it 
were,  a  simultaneous  descent.  Thus  the  rivers  are  but  a  kind 
of  lakes,  lying  in  plains,  and  communicating  by  falls  and  rapids 
with  each  other.  These  gradations  have  sometimes  a  small  rise, 
immediately  before  descent ;  at  other  times,  in  ascending  from 
one,  we  come  immediately  to  the  other.    In  no  case  is  the  pecu- 

*  The  word  plains  might  lead  into  error.  It  is  therefore  proper  to  state  that  hills  are 
scattered  about,  which  vary  the  surface  to  the  eye.  But  on  examination,  it  will  be  found 
that.  s^nera^y  speaking,  tbrir  bsrws  are  a!!  on  the  «nmc  extended  r»fairv 


54 


CANAL  LAWS,  ^ 


131 1.     Jiarity  of  shape  more  worthy  of  remark,  than  at  the  cataract  of 

Vb*~-^  *  Niagara.    In  coming  from  lake  Erie,  where  the  sight  cannot 

reach  over  the  expanded  surface,  proceeding  along  the  level 
bank  of  the  Niagara  river,  to  the  head  of  the  rapids  immediately 
above  the  Falls,  and  thence  pursuing  a  northern  course,  the  tra- 
veller ascends  but  thirty-eight  feet  before  he  descends  three  hun- 
dred and  forty-five  to  the  plain  in  which  lake  Ontario  is  stretched 
out  from  east  to  west,  upwards  of  one  hundred  and  sixty  miles. 
Lake  Erie  329  The  surface  of  lake  Erie  is  three  hundred  and  twentv-nine  feet 

leet  above  lake  J 

Ontario.  above  that  of  lake  Ontario,  which  being  taken  from  the  whole 
descent  just  mentioned,  leaves  for  the  rise  of  land  between  those 
two  great  reservoirs,  but  sixteen  feet. 

This  rise,  and  others  similar  to  it,  are  called  by  the  inhabitants 
the  ridge,  the  ledge,  the  slope  and  the  hill.  A  more  proper 
general  appellation  perhaps,  is,  the  steep,  though  occasionally 
by  the  elevation  each  way,  it  becomes  truly  a  ridge,  or  from  the 
horizontal  strata  of  stone,  as  truly  a  ledge.  In  some  places  the 
descent  is  by  a  gentle  slope,  in  others,  more  precipitous,  and  in 
some,  almost  perpendicular.  Two  of  these  extend  eastward 
Niagara  riv-  from  the  shore  of  Niagara  river  nearly  parallel  to,  and  distant 
from  each  other  about  fourteen  miles.  The  higher,  or  southern 
Three  steeps,  steep,  commences  at  Black  Rock,  where  the  river  issues  from 
lake  Erie.  The  northern  commences  at  the  Falls,  and  after  an 
eastern  course  of  fifty  or  sixty  miles,  bends  towards,  and  ap- 
proaches the  southern,  after  which  they  both  take  a  southern 
direction  for  thirty  miles,  but  return  again  on  the  east  side  of  the 
Genesee  :  or  to  speak  more  correctly,  that  river,  after  breaking 
through  them  by  successive  falls  of  sixty  and  ninety  feet,  thirty 
miles  south  of  the  high  road,  in  the  township  of  Leicester,  runs 
in  a  ravine  to  the  northern  part  of  that  township  ;  when  the  steeps 
again  diverge,  the  southern  stretching  eastwardly  to  the  west 
side  of  Seneca  lake,  and  then  southerly  to  the  high  grounds  from 
whence  flow  the  waters  of  the  Tioga  ;  while  the  other  keeps  an 
eastern  direction  to  the  hills  from  whose  southern  declivities  flow 
the  Chenango  and  Unadilla.  There  is  another  steep  still  more 
north,'  which  branches  out  from  thet  last  mentioned,  near  the 
eighteen  mile  run,  (a  stream  whose  mouth  is  at  that  distance 
from  that  of  the  Niagara  river)  and  diverging  northward, 
is  for  some  distance  in  its  eastern  progress  indistinct.  It  extends, 
however,  to  the  lower  Falls  of  the  Genesee,  and  is  there  crossed 
by  that  river,  as  also  beyond  it  by  streams,  which  fall  into  tlifc 


CANAL  LAWS,  &c. 


55 


Gerundegut  "bay;  after  which  it  becomes  properly  a  ridge,  and  1811. 
extends  beyond  the  falls  of  Oswego  river,  as  has  been  already 
mentioned.  Of  these  three  steeps,  ledges,  or  ridges,  the  most 
M)uthern  is  distinguished  by  lime-stone  mixed  with  tlint.  The 
middle,  by  the  same  stone  mixed  with  shells,  and  the  most  north- 
ern, by  freestone  and  slate.  Over  the  southern  steep,  west  of  the 
Genesee,  fall  Ellicott's  brook  and  the  Tonewanta,  (which  enter 
Niagara  river  by  the  same  mouth  opposite  to  Grand  Island)  also, 
*  Allen's  brook,  which  makes  at  its  passage  the  Buttermilk  Falls, 
and  runs  to  the  Genesee.  Over  the  middle  steep,  in  the  same 
division,  falls  the  Oak-orchard  brook,  which  enters  lake  Ontario, 
about  .thirty  miles  east  of  Niagara  river.  The  lower  falls  of 
this  brook,  as  well  as  those  of  the  Genesee,  are  over  the  northern 
steep. 

The  Canesus,  the  Hemlock,  the  Honeyoyo,  the  Canandarque  Canesusanoi 
and  the  Crooked  lakes,  lie  south  of  the  southern  steep.  The 
Seneca,  the  Owasco,  the  Skeneatelas  and   Otisco  lakes,  lie 
south  of  the  middle  steep  ;  north  of  which,  lie  the  Cayuga^ 
Onondaga,  Oneida  and  Cross  lakes. 

The  Tonewanta  falls  over  the  southern  steep  twenty-five  feet,  Tonewapu*. 
and  passing  the  village  of  the  same  name,  runs  in  a  level  valley 
of  brown  clay  upwards  of  twenty  miles  to  its  mouth  in  Niagara 
river. 

From  the  Tonewanta  village,  north  eastward,  in  less  than  five 
miles,  (chiefly  through  a  swamp)  the  Oak-orchard  brook  receives 
the  waters  of  the  swamp,  and  falls,  as  lias  been  already  men- 
tioned, into  lake  Ontario.  The  Tonewanta  brook,  three  feet 
higher  than  the  swamp,  is  separated  from  it  by  ground,  whose 
elevation  is  not  more  than  five  feet,  the  distance  is  short  of  a 
mile,  and  the  soil  being  clay,  it  will  be  easy  (by  turning  its  wa- 
ters into  Oak-orchard  brook)  to  convert  the  Tonewanta  from  its 
I  mouth,  upwards,  into  a  canal.  It  has  above  eleven  miles  from 
its  mouth,  a  depth  of  twelve  feet,  interrupted,  nevertheless,  by  five 
bars,  or  shallows,  composed  of  round  stones,  buried  in  clay. 
During  this  space,  the  breadth  is  in  general  forty  yards,  though 
in  the  narrowest  part  not  more  than  thirty.  The  first  shallow,  ^Ffrcbuw 
about  three  miles  from  the  mouth,  is  called  Miller's  Ford,  and  is 
not  above  twelve  yards  wide  ;  the  next,  about  a  mile  beyond  it, 
walled  House's  Shallow,  extends  east  and  west  nearly  one  hundred 
and  twenty  yards,  the  depth  of  water  from  two  and  a  half  to 
three  feet.    Two  miles  farther  up,  is  Chr^tm-Ts's  Rapid  Thi- 


5$ 


CANAL  LAWS,  Sic, 


1811.    extends  east  and  west  near  two  hundred  and  fifty  yards,  with  a 

*  v  *  depth  of  from  fifteen  to  eighteen  inches  ;  at  this  rapid  the  fall  is 

three  inches,  except  when  a  westerly  wind  brings  up  the  water  of 
lake  Erie.  The  breadth  of  the  Tonewanta  is  here  forty-eight 
yards,  and  no  where  below  it  less  than  forty. 

The  next  bar,  about  a  mile  from  the  last,  is  called  Van  Slyke's 
Shallow ;  it  extends  forty-two  yards,  the  depth  in  the  shortest 
place  twenty  inches,  but  in  general  from  two  to  three  feet.  The 
fifth  and  last  bar,  at  eleven  miles  from  the  mouth  of  the  creek, 
extends  near  one  hundred  and  eighty  yards,  and  has  from  one  to 
two  and  a  half  feet  of  water. 

To  convert  this  water  course  into  a  canal  twelve  feet  deep,  du- 
ring the  whole  distance  of  eleven  miles,  will  require,  at  most,  an 
excavation  of  eighty  thousand  cubic  yards.  The  surface  here  is 
four  inches  higher  than  at  the  mouth,  which  is  five  feet  lower  than 
the  surface  of  lake  Erie.  At  about  five  miles  and  a  quarter  north 
from  this  place,  in  the  middle  steep,  is  the  source  of  one  branch 
of  the  eighteen  mile  brook,  at  a  distance  of  about  ten  miles  from 
lake  Ontario,  and  about  three  hundred  feet  above  its  surface  ; 
consequently,  nearly  thirty  feet  below  the  surface  of  lake  Erie* 
The  greatest  elevation  of  ground  between  them  is  twenty-one 
feet  above  that  surface ;  it  is,  however,  en  an  average,  for  the 
space  of  three  miles,  twenty  feet,  and  the  remaining  two  miles  and 
a  quarter,  about  seven  feet. 
General  views.  For  a  more  particular,  knowledge  of  the  ground,  reference 
must  be  had  to  the  profile  made  by  Mr.  Geddes,  and  which  is 
hereunto  annexed.  It  is  self-evident,  that  the  cost  of  excavation 
per  cubic  yard,  must  depend  on  the  substance  in  which  the  exca- 
vation is  made  ;  it  must  depend,  also,  on  some  other  circumstan- 
ces. In  deep  cutting,  for  instance,  not  only  must  there  be  wide 
cutting  to  prevent  the  earth  from  falling  in,  but  there  will  be,  gene- 
rally speaking,  more  labor,  and  consequently  more  expense  in 
moving  the  earth  after  it  is  dug.  It  may  become,  therefore,  in 
many  cases,  more  advisable  to  pierce  the  earth  by  a  tunnel,  than 
to  take  down  the  top  of  a  hill. 

In  the  present  instance,  by  means  of  wood  railways,  which 
may  be  constructed  from  the  surrounding  forests  for  temporary 
purposes  at  a  trifling  expense,  the  materials  may,  when  dug,  be 
made,  as  it  were,  to  transport  themselves  along  by  gentle  declivi- 
ties, to  fill  that  part  of  the  ravine  through  which  the  canal  is  to 
pass. 


<  AVAL  LAWS,  &€. 


S7 


in  the  construction  of  canals  when  recourse  is  had  (as  must  1811. 

generally  be  the  case)  to  rivers  for  a  supply  of  water,  it  is  found  v  v*-— * 

necessary  to  guard  with  scrupulous  care,  and,  not  unfrequently, 
at  enormous  expense,  against  those  floods  which,  pouring  a  tor- 
rent into  a  canal,  and  tearing  down  its  banks,  might  at  once  de- 
stroy the  navigation  and  inundate  the  country. 

.Moreover,  it  is  found,  that  canals  depending  on  rivers,  fre- 
quently, like  the  rivers  themselves,  want  water  in  the  season 
when  it  is  most  necessary.  Indeed,  to  suppose  the  quantity  of 
water  in  a  river,  when  turned  into  a  canal,  will  remain  the  same, 
would  lead  to  serious  disappointment.  Much  must  be  allowed 
for  evaporation,  and,  notwithstanding  the  utmost  care,  more  will 
filter  through  the  sides  and  bottom  of  a  canal,  than  those  of  a 
river,  which  are  generally  saturated. 

Thus,  then,  two  prominent  evils  present  themselves  in  feeding  FeeSera 
from  rivers,  viz.  In  spring,  they  pour  in  too  much  water,  and  can 
afford  none  in  autumn,  when  it  is  most  wanted.  There  is  still 
another  evil,  which,  though  not  so  imminent,  becomes  eventually 
of  serious  moment.  When  the  country  shall  be  cultivated, 
streams  swoln  by  showers  will  bring  down,  mixed  with  their 
waters,  a  proportion  of  mud,  and  that,  in  the  stillness  of  a  level 
canal,  will  subside,  and  choak  it  up.  It  is  also  to  be  noted,  by 
those  who  shall  construct  canals  in  this  country,  that  the  true 
character  of  a  river  cannot  now  be  known.  Large  tracts,  (for  in- 
stance, west  of  the  Genesee)  which  appear  as  swamps,  and 
through  which  causeways  of  logs  are  laid  for  roads,  will  become 
dry  fields,  when  no  longer  shaded  (as  at  present)  by  forests  im- 
pervious to  the  sun. 

In  the  progress  of  industry,  swamps  (the  present  reservoirs  of 
permanent  springs  that  burst  out  on  a  lower  surface)  will  be 
drained,  whereby  many  of  those  springs  will  be  dried.  Of  such 
as  remain,  a  part  will  be  used  to  irrigate  inclined  plains. 

Moreover,  in  every  place  tolerably  convenient,  ponds  will  be 
collected  for  mills  and  other  machinery,  from  whose  surface,  as 
well  as  from  that  of  the  soil,  the  sun  will  exhale  an  ample  tribute 
of  vapour. 

Thus  the  summer  supply  of  rivers  will  be  in  part  destroyed, 
and  in  part  consumed,  whereby  their  present  autumnal  penury 
must  be  still  farther  enhanced.  But  in  the  spring,  the  careful 
husbandman  and  miller  will  open  every  ditch  and  sluice  to  get 
rid  of  that  water  which,  though  at  other  times  a  kind  friend  and 

8 


58 


CANAL  LAWS,  &c. 


181 1.    faithful  servant,  is  then  a  dangerous  enemy  and  imperious  master. 

*  v  '  Of  course,  much  of  what  is  now  withheld  for  man}'  days,  will 

then  be  suddenly  poured  cut.    The  torrents  must  therefore  rage 
with  greater  fury  hereafter  than  they  do  in  the  present  day. 

Considerations  like  these,  while  they  cast  a  shade  over  many 
contemplated  enterprises,  give  by  contrast  a  glowing  hue  to  that 
which  we  have  now  to  consider.  The  canal  from  lake  Erie  to 
the  Hudson,  may  be  fed  by  pure  water  from  lakes,  provided 
mounds  and  aqueducts  be  made  over  intervening  vallies,  or  the 
canal  be  carried  round  them.  In  every  case  the  attending  cir- 
cumstances must  decide. 

In  general,  also,  it  is  only  after  a  more  accurate  examination 
of  the  ground  by  a  skilful  engineer,  well  practised  in  such  busi- 
ness, that  the  best  mode  can  be  adopted  for  the  species  of  naviga- 
tion which  may  be  ultimately  determined  on,  viz.  Whether  for 
vessels  which  navigate  Hudson's  river,  and  lake  Erie,  or  for  bar- 
ges of  from  twenty  to  sixty  tons. 

If  the  passage  were  only  of  a  few  miles,  the  propriety  of  bring- 
ing vessels  of  eight  feet  draught  of  water  across  (if  practicable) 
would  be  readily  admitted.  But  it  may  well  be  questioned, 
whether,  to  save  the  expense  of  lading  and  unlading  at  each  end 
of  a  canal  three  hundred  miles  long,  the  expense  of  cutting  two 
yards  deeper  than  would  otherwise  be  necessary  ought  to  be  en- 
countered. 

Should  canals  ^  nas  generaMy  Deen  assumed,  and  perhaps  too  lightly  admit- 
be  made  on  a  ted,  that  canals  should  be  made  on  a  perfect  level.    This  axiom 

perfectlevel?  k.      j  ,  ~ 

would  not  be  questioned,  it  the  transportation  each  way,  were  oi 
equal  burden,  if  the  distance  or  the  frequency  of  good  feeding 
streams  were  such  as  easily  and  constantly  to  suppty,  without 
danger  of  excess,  the  incessant  waste  of  water  by  absorption, 
leakage  and  evaporation,  and  if  the  waters  to  be  connected,  were 
on  the  same  level.  But  in  a  case  like  the  present,  rational  doubts 
may  be  entertained.  The  difference  of  level  being  upwards  of 
live  hundred  feet,  all  the  descent  which  can  prudently  be  obtained 
by  an  inclined  plain,  is  so  much  saved  in  the  expense  of  lockage  ; 
and  in  all  human  probability,  the  transportation,  for  centuries  to 
come,  will  be  of  so  much  greater  burden  from  the  interior  coun- 
try, than  back  from  the  sea,  that  a  current  from  the  lake  is  more 
to  be  desired  than  avoided,  more  especially  as  it  will  in  some  de- 
gree counteract  the  effect  of  frost.    That  inexhaustible  stream 


CANAL  LAWS,  fcc 


of  limpid  w  ater  which  flow  s  out  of  lake  Erie,  w  ith  little  variation  1 
of  height  to  endanger  the  canal,  is  a  strong  temptation  to  nse  it  v 
exclusively,  until  auxiliary  supplies  can  be  draw  n  from  other  re- 
servoirs equally  pure.    Nor  is  it  improper  in  this  case  to  remark, 
that  it  is  impossible  there  should  ever  be  a  considerable  variation 
in  the  surface  of  Niagara  river,  at  the  mouth  of  the  Tonewanta. 
No  supposable  fall  of  rain  or  melting  of  snow,  even  if  both  were  to 
take  place  at  the  same  time,  in  the  country  which  surrounds  the  great 
lakes,  could  raise  in  any  considerable  degree  their  extended  sur- 
face.   Indeed,  we  know,  from  experience,  that  a  greater  difference 
of  elevation  at  the  mouth  of  lake  Erie  is  occasioned  by  a  change  of 
wind  than  by  any  variation  of  the  seasons.    Admitting,  however, 
a  considerable  rise  of  water,  no  matter  from  what  cause,  at  the 
source  of  Niagara  river,  it  cannot  suddenly,  from  the  narrow  ness 
and  shoalness  of  the  channel,  produce  a  correspondent  rise  at  the 
foot  of  the  Black  Rock  rapid  :  and  the  elevation  there  must,  in  the 
nature  of  things,  exceed  that  which  is  occasioned  by  it  fifteen  miles 
lower  down  ;  more  especially  as  the  river,  including  the  two  chan- 
nels round  Grand-Island,  has  for  the  greater  part  of  the  way 
nearly  three  times  the  breadth  which  it  has  above.    If,  however, 
it  were  only  a  deep  bay,  the  w  ater  pressed  forward  by  the  wind, 
would  be  piled  up  to  a  considerable  height,  but  instead  of  that 
the  river  here,  with  a  breadth  fully  double  to  what  it  has  at  Black 
Rock,  precipitates  itself  over  the  first  ledge  in  its  headlong  course 
to  the  cataract :  so  that  an  increase  of  height  is  instantly  coun- 
teracted by  the  increased  rapidity  with  which  it  rolls  over  the 
rock. 

In  all  events,  it  would  be  advisable  to  use  this  water  exclusive- 
ly for  a  great  part  of  the  way,  even  if  die  country  afforded  other 
resources ;  and  to  this  effect,  there  must  be  some  descent  in  the 
canal.  What  the  precise  amount  of  that  should  be,  in  every  mile, 
the  commissioners  presume  not  to  say.  They  do  not  pretend  to 
sufficient  know  ledge  on  the  subject,  and  with  all  proper  deference, 
refer  it  to  a  practical  engineer. 

Nevertheless,  like  other  men  possessed  of  common  discern- 
ment, they  perceive  not  only  that  the  quantity  of  water  which 
runs  in  a  given  time,  must  be  proportionate  to  the  rapidity  with 
which,  and  the  aperture  through  which  it  passes  ;  but  also  that 
the  rapidity  itself  will  depend  not  merely  on  the  declivity,  but 
also  on  the  mass  ;  because,  in  a  deep  and  wide  channel,  the  fric- 


CANAL  LAWS,  he. 


1811.  tion  must  be  less  than  in  one  that  is  narrow  and  shoal.  It  will 
s— — V— depend  also  on  another  circumstance,  whose  effect  (that  single 
cause  remaining  the  same)  will  vary,  according  to  such  of  the 
preceding  circumstances  as  may  be  connected  with  it.  Admit- 
ting, for  instance,  a  stream  to  be  deep  and  wide,  in  descending  an 
inclined  plain  its  velocity  will  be  accelerated.  But  if  the  inclina- 
tion be  not  great,  and  the  channel,  shoal  and  narrow,  the  friction 
may  so  counteract  the  descent  as  to  retard  the  velocity. 

From  these  considerations  it  is  evident  that  the  sum  of  descent 
must  depend  primarily  on  the  quantity  of  water  required.  This, 
in  navigation  ascending  and  descending  by  locks,  must  be  greater 
than  when  carried  along  a  plain.  It  must  also  be  greater  in  a 
loose,  than  in  a  stiff  soil.  Moreover.,  the  quantum  of  descent  re- 
quired must,  after  the  needful  supply  of  water  is  ascertained,  de- 
pend on  the  length,  the  width,  the  depth,  and  finally  on  the  course 
of  the  canal,  whether  direct  or  serpentine.  And  here  the  same 
common  sense  presents  another  important  consideration.  The 
amount  of  rapidity  which  may  with  safety  be  hazarded  will  de- 
pend on  the  texture  of  the  substance  through  which  the  current 
passes.  No  navigable  velocity  can  injure  a  rock  of  granite ;  but 
a  gentle  current  will  sweep  off  the  substance  of  bog  meadow. 
In  like  manner,  banks  which  resist  when  the  course  is  direct, 
may  be  eaten  away,  and  the  current  itself  be  retarded,  if  propel- 
led along  a  tortuous  course. 

The  commissioners  cannot,  therefore,  too  often  repeat  that  their 
report  must  be  accepted  as  suggestions  proceeding  from  a  super- 
ficial view,  and  not  as  conclusions  founded  on  sufficient  and 
scientific  investigation. 
Estimates  of  -^ter  tms  Preliminary  caution,  they  assume  hypothetically  that 
descent.  a  canal  were  run  in  such  manner,  as  that  the  average  descent  were 
six  inches  in  every  mile.  Whence,  taking  the  surface  of  lake 
Erie  as  the  standard  level,  they  have  in  gross  the  following  re- 
sults : 


From  lake  Erie  to 

Miles.     Descent.    Total  descent.  Actual  descent. 


The  mouth  of  Tonnewanta 

10 

5  feet 

5  feet 

5  feet 

Genesee  river,  about 

68 

34  „ 

39  „ 

65  „ 

Seneca  lake, 

46 

23  „ 

62  „ 

145 

Cayuga  lake, 

6 

3  „ 

65  „ 

195  „ 

"Rome  summit, 

66 

33  „ 

98  „ 

145 

CANAL  LAWS,  6:c 


01 


Mites.     Descent.    Total  descent.  Actual  descent      ISl  I . 


Little  Falls  of  Mohawk, 

38 

19  „ 

117  „ 

C  203  1-2  . 
t  245  1-2  5>   y  * 

Schoharie, 

38 

19  „ 

136  „ 

293  l-2„ 

Height  of  land  between  ) 
Schenectady  &  Albany,  ) 

24 

12  » 

MS  „ 

220  „ 

Hudson's  river, 

14 

155  „ 

525  „ 

310 

Casting  an  eye  on  the  map,  it  will  be  seen,  that  the  first  difli-  Difficulties 
culty  in  the  above  course  will  be,  to  cross  the  Genesee  at  an  ele-  sug°e5te 
vation  of  twenty-six  feet  above  its  surface.    But  unless  the  canal 
be  lowered  down  to  that  river,  the  expense  of  an  aqueduct  can- 
not be  avoided  ;  because  from  the  upper  falls,  which  are  too 
high,  there  is  little  descent  to  the  lower  falls  ;  and  if,  from  am 
cause,  it  be  advisable  to  cross  it  by  an  aqueduct,  the  addition  of 
a  few  feet  in  the  height  will  not  much  increase  the  expense  ;  in- 
deed, considering  the  swell  of  the  river  in  freshes,  an  elevation 
short  of  twenty  feet  would  scarcely  leave  sufficient  space  under 
the  arch. 

The  next  difficulty  will  be  in  crossing  the  mouth  of  Seneca 
lake  by  an  aqueduct  eighty-three  feet  high.  But  this  also,  if  a 
convenient  place  can  be  found,  will  not  be  important,  because  a 
moderate  aperture  will  suffice  to  void  the  equable  stream  from 
that  lake. 

The  third  difficulty  is  at  the  mouth  of  Cayuga,  where  the  ele- 
vation is  one  hundred  and  thirty  feet.  Even  this  might  be  en- 
countered without  any  unusual  hardihood,  if  the  hills  approached 
each  other.  But  the  valley  to  be  crossed  is  not  much,  if  any 
thing,  short  of  a  mile  ;  and  to  erect  a  mound  of  that  length  and 
of  the  sufficient  height  and  breadth,  is  an  herculean  labor. 
Whether  it  will  be  performed,  must  depend  on  the  arm  that  under- 
takes this  task,  respecting  which,  a  few  words  may  find  their 
proper  place  herafter. 

Supposing,  however,  that  difficulty  to  be  surmounted,  it  is  be- 
lieved that  none  will  remain  which  cannot  be,  in  a  considerable 
degree,  avoided  by  bending  occasionally  to  the  southward,  and 
returning  round  the  northern  points  of  the  hills  till  the  canal  is 
brought  opposite  to  Rome.  Its  elevation  there  above  the  Mo- 
hawk will  be  forty-seven  feet  or  less,  by  one  foot  for  every  two 
miles  that  it  may  be  lengthened.  The  general  face  of  the  coun- 
try here,  leaves  no  room  to  doubt,  that  convenient  prroundcan  iV 


GAft&L  LAWS,  k* . 


3  811.    discovered  south  of  Rome,  at  an  elevation  oi'  forty  feet  above  the 

 v  '  Mohawk.    How  far  it  may  be  practicable,  between  that  place 

and  the  hills  east  of  the  Schoharie,  must  be  decided  by  actual 
survey. 

The  elevation,  if  not  in  other  respects  injurious,  will  be  useful 
in  passes  that  might,  otherwise,  necessitate  a  descent  to  the  Mo- 
hawk.   Thus,  at  the  Little'  Falls  at  that  river,  the  canal,  at  an 
elevation  of  eighty  feet  above  its  upper  surface,  may,  it  is  believed, 
be  brought  through  or  round  the  hill  at  no  enormous  expense. 
The  still  greater  elevation  of  one  hundred  and  fifty  feet  at  the 
Schoharie,  will  permit  of  a  considerable  bend  to  find  some  nar- 
row gorge,  and  finally  an  elevation  of  seventy  feet  above  the 
height  of  ground  between  Schenectady  and  Albany,  will  enable 
the  engineer  to  choose  for  the  course  of  his  canal  and  the  posi- 
tion of  his  locks,  the  most  suitable  soil  and  convenient  situations. 
In  a  word,  if,  on  due  examination,  any  thing  of  this  sort  should 
be  found  practicable,  instead  of  depriving  the  country  of  water, 
every  drop  of  which  is  needed  by  its  inhabitants,  they  will  gain  a 
great  addition  from  the  canal ;  and  as  to  the  navigation,  singly 
considered  there  can  be  no  doubt  but  it  must  in  that  w  ay  be  su- 
perior to  a  waving  course  ascending  and  descending  by  locks. 
For,  not  to  mention  the  expense  of  constructing  and  keeping 
them  in  repair,  the  time  spent  and  tolls  paid  in  passing  them, 
must  considerably  enhance  the  freight  of  goods.    But  if  there 
be  no  lockage,  and  the  toll  be  no  more  than  is  needful  to  keep 
Estimates  of  the  canal  in  repair,  it  will  amount  to  so  little  as  not  to  merit  no- 
profit"?   a,ldtice  in  a  calculation  of  freight.    Rejecting  it,  therefore,  and  al- 
lowing two  horses  and  three  men  to  take  a  boat  of  fifty  tons  bur- 
den, twenty  miles  a  day,  which  is  certainly  within  bounds,  and 
putting  the  whole  expense  at  live  dollars  on  the  lading,  down- 
ward, (leaving  the  return  load  as  profit)  or  which  is  equivalent, 
reducing  the  distance  one  half,  we  have  fifty  tons  transported 
ten  miles  for  five  dollars,  being  one  cent  per  ton  per  mile.  To 
speak,  then,  in  round  numbers,  it  will  cost  three  dollars  to  bring 
a  ton  from  lake  Erie  to  Hudson's  river,  being  little  more  than 
one  half  of  what  is  now  paid  for  freight  on  lake  Ontario,  between 
Oswego  and  Lewistown.    Without  entering  into  calculations 
(which  every  person  can  easily  make  for  himself)  to  enumerate 
the  bulky  articles  which  will  derive  value  from  such  facility  of 
transportation,  it  may  be  proper  in  this  place  to  recur  again  to  the 
commercial  competition  with  our  British  neighbours. 


CANAL  LAWS,  be. 


A  tolerably  good  navigation  np  and  down  the  St.  Lawrence, 
already  exists ;  but  the  cheapest  rate  at  which  transportation  has v 
been  performed  within  the  last  ten  years  between  Kingston  and 
Montreal,  according  to  the  best  information  the  commissioners 
have  been  able  to  obtain,  is  one  dollar  per  hundred  ascending, 
and  half  as  much  descending  the  river.  But  admitting  the 
freight  could  be  so  reduced  as  to  be  on  a  level  with  that  between 
Albany  and  New-York  ;  admitting,  also,  that  the  transportation 
across  lake  Ontario  could  be  performed  as  cheaply  as  through 
the  proposed  canal,  and  even  admitting  that  the  risk  on  that  lake, 
and  of  course  the  premium  of  insurance,  were  nothing,  still  it 
would  follow,  that  transportation  from  the  head  of  lake  Ontario 
to  Montreal,  would  cost  as  much  as  froirt  the  mouth  of  Tonne- 
wanta  to  New-York,  leaving  a  preference  to  the  latter  of  the  cost 
of  land  carriage  from  Chippeway  to  Queenstown.  Moreover, 
nature  has  given  (other  things  being  equal)  a  decided  preference 
to  the  port  of  New-Yrork.  There  are,  generally  speaking,  six 
weeks  of  navigation  from  Albany,  in  the  spring,  before  vessels 
can  with  safety  leave  Montreal  to  descend  the  river  St.  Lawrence, 
and  as  many  more  in  the  autumn,  after  the  mouth  of  that  river 
is  closed. 

The  navigation  from  New-York,  is  seldom  obstructed  ;  so  that 
produce  deposited  there,  can  be  sent  to  market  during  five 
months,  in  which,  at  Montreal,  it  lies  a  dead  weight  on  the  hands 
of  the  owner.  This  circumstance  is  of  especial  importance  in 
regard  to  wheat  and  flour,  which  can  be  sent  from  New-York, 
so  as  to  be  sold  in  the  south  of  Europe,  before  those  articles  can 
be  brought  from  the  Baltic,  or  gathered  in  the  country  :  whereas, 
if  shipped  from  Montreal  in  the  month  of  May,  they  cannot  reach 
Spain  or  Portugal  until  after  supplies  are  received  from  Dantzie. 
and  but  a  short  time  before  the  harvest,  which  is  early  in  July. 

Thus,  it  is  evident  that  the  caual  will,  if  properly  effected,  turn 
to  the  United  States  the  commerce  of  the  upper  lakes.  Moreover, 
a  side  cut,  of  five  or  six  miles,  would,  by  means  of  locks,  con- 
nect it  with  lake  Ontario,  in  the  harbor  of  the  Gen?see ;  and  in 
like  manner  a  connexion  would  be  established  with  the  Seneca 
and  Cayuga  lakes,  from  the  heads  of  which,  the  short  portage  by 
good  roads  to  Newtown  and  Owego,  opens  a  communication 
through  the  Susquehannah  to  the  Chesapeake.  Nor  is  it  impro- 
bable, that  by  running  up  on  the  west  side  of  the  Cayuga,  means 
may  be  found  to  establish  water  communication  with  the  Su>- 


64  CANAL  LAWS,  fcc 

1811.  quehatmah ;  from  the  great  bend  of  which,  a  good  and  short 
v  v  '  road  may  be  made  to  the  Delaware. 

Markets  that  Thus  a  variety  of  markets  may  be  opened  to  stimulate  and 
may  be  open-  rewar(j  tne  m(]ustrv  0f  those  who  are  now,  or  may  be  hereafter 

settled  along  the  great  lakes,  whose  shores,  exclusive  of  Lake 
Superior,  are  upwards  of  two  thousand  miles  surrounded  at  con- 
venient distance  by  more  than  fifty  million  acres  of  land. 
What  will  the  To  the  question,  what  will  the  proposed  canal  cost  ?  it  is  not 
Considered  possible  to  answer  with  any  thing  like  precision.  Indeed,  pre- 
liminary points  are  to  be  adjusted ;  and  of  these,  the  first  is, 
whether  it  is  to  be  made  for  sloops  or  barges.  The  expense  of 
the  former  will  be,  it  is  believed,  at  least  double  that  of  the  lat- 
ter. Another  question,  whether  it  is  to  be  carried  along  an  in- 
clined plane,  or  by  a  line  ascending  and  descending,  must  be 
decided  by  a  comparison  of  the  expense  and  of  the  utility  each 
way.  In  general,  however,  it  may  be  satisfactory  to  the  honora- 
ble the  Senate  and  Assembly,  to  receive  the  information  which 
the  commissioners  feel  no  hesitation  in  giving,  that,  as  far  as 
they  have  been  able  to  extend  their  enquiry,  there  is  no  part  of 
the  civilized  world,  in  which  an  object  of  such  great  magnitude 
can  be  compassed  at  so  small  an  expense.  Generally  speaking, 
the  course  is  through  a  tract  of  country,  the  excavation  whereof 
will  be  easy,  and  there  is  at  certain  convenient  distances  from 
the  spots  where  it  may  be  wanted,  a  sufficiency  of  free  stone  as 
well  as  of  lime  stone,  with  a  superabundance  of  fuel.  The  sub- 
sistence of  men,  also,  and  of  cattle,  will  be  abundant,  and  cheap. 
The  wages  of  the  former  are,  as  is  well  known,  high ;  but  mea- 
sures may  certainly  be  devised  to  obtain  the  labor  for  so  great  a 
public  work  more  cheaply  than  is  practicable  in  private  opera- 
tions on  a  small  scale.  But  the  commissioners  beg  leave  to  ob- 
serve, that  no  supposable  expense  can  bear  an  undue  proportion 
to  the  value  of  the  work.  Thus,  were  it  (by  giving  a  loose  to 
fancy)  extended  to  fifty  millions  of  dollars,  even  that  enormous 
sum  does  not  exceed  half  the  value  of  what,  in  all  human  proba- 
bility, and  at  no  distant  period,  will  annually  be  carried  along 
the  canal.  The  more  proper  question,  perhaps,  is,  in  what  time 
it  can  be  effected  ;  for  if  an  annual  sum  be  appropriated,  and  se- 
cured on  a  solid  fund,  it  will  be  effected  in  time,  and  the  greater 
the  sum,  the  shorter  will  be  the  period. 

The  commissioners  have  no  doubt  but  that  good  bargains  for 
the  public  may  be  made  with  those  through  whose  land  the  canal 


CANAL  LAWS,  fee. 


shall  pass,  and  tiiey  have  great  pleasure  in  stating,  that  generous 
offers  have  already  been  made,  by  many  proprietors,  the  ac- 
ceptance of  which  must  necessarily  be  deferred  to  the  moment 
when  the  business,  assuming  a  more  substantial  form,  shall  be 
committed  to  superintendents  duly  authorized  to  treat.  Enough 
has  been  said  to  shew  that  no  accurate  estimate  of  the  expense 
can  as  yet  be  made.  To  give  some  general  notion,  however,  it 
may  be  assumed  that,  in  common  cases,  laborers  ought  to  dig 
and  remove  to  a  reasonable  distance,  eight  cubic  yards  per  day. 
The  excavation  may  therefore  be  set  at  the  eighth  of  a  dollar 
per  cubic  yard.  An  average  breadth  of  fifteen  yards,  and  depth 
of  one  yard,  which  by  means  of  the  mound  on  each  side  will  be 
sufficient  for  four  and  a  half  to  five  feet  of  water,  giving  for 
each  yard  in  length  fifteen  cubic  yards,  may  therefore  be  taken 
at  two  dollars,  and  the  mile  at  3520  dollars :  but  allowing  for 
the  obstructions  of  trees  and  roots,  not  less  than  4000  dollars. 
This  gives  for  300  miles,  one  million,  two  hundred  thousand 
dollars.  The  excavation  needful  to  bring  a  column  of  water 
fifteen  yards  wide,  and  two  yards  deep,  with  sufficient  descent 
from  the  Tonnewanta,  through  the  middle  steep,  will  at  the  same 
rate  cost  two  hundred  and  fifty  thousand  dollars.  Thus,  to 
speak  in  round  numbers,  the  canal,  alone,  might  cost  a  million 
and  a  half,  drawn  through  a  favorable  soil,  lying  conveniently 
without  the  opposition  of  rocks  or  other  impediments.  Many  of 
these,  however,  must  be  expected,  and  will,  perhaps,  double  thai 
sum.  Another  great  expense  is  that  of  locks  and  aqueducts. 
It  is  said  that  the  former  will  cost  at  the  rate  of  one  thousand 
dollars  per  foot  of  ascent  for  a  vessel  of  fihy  tons.  This  is  be 
lieved  to  be  a  low  estimate.  At  any  rate,  in  a  canal  like  the 
present,  there  must  be  a  double  set ;  one  for  the  ascending,  and 
one  for  the  descending  navigation.  Even  then  it  is  to  be  feared, 
that  there  will  be  much  of  embarrassment  and  delay.  Thus 
the  lockage  being  taken  at  two  thousand  dollars  per  foot,  for 
three  hundred  and  forty  feet  of  descent  and  ascent,  between 
Lake  Erie  and  Rome,  will  cost  six  hundred  and  eighty  thousand 
dollars,  should  that  waving  course  be  deemed  advisable.  From 
Rome  to  Hudson's  river,  a  descent  of  three  hundred  and  eighty 
feet,  will  call  for  an  addition  of  seven  hundred  and  sixty  thou- 
sand dollars. 

If,  then,  the  locks  be  put  at  a  million  and  a  half,  it  is  the  low- 
est rate  which  can  prudently  be  supposed.    It  would.  Indeed*  be 

0 


oj5 


CANAL  LAWS',  ht. 


1811.    safer  to  set  them  at  two  millions.    There  will  still  remain  io/ 
— v- — t  aqueducts,  embankments  and  mounds,  a  considerable  expendi- 
ture, which  cannot  at  present  be  ascertained.    To  estimate  the 
expense  of  aqueducts,  it  may  be  advisable  to  put  the  cubic  yard 
of  masonry  at  two  dollars,  and  consider  the  aqueduct  as  a  solid 
mass.    It  is  true,  that  not  more,  perhaps,  than  one  third  of  the 
materials  required  for  a  solid  mass  will  be  used,  but  the  work- 
manship on  those  materials  will  be  much  more  costly.    Many  of 
the  stones  must  be  hewn,  and  many  clamped  together  with  iron. 
Moreover,  the  expense,  when  such  buildings  are  raised  to  a  great 
height,  is  proportionately  greater  than  when  nearer  the  earth. 
An  aqueduct  over  the  Genesee  may  perhaps  be  one  hundred  and 
fifty  yards  long.    But  to  avoid  mistakes,  it  will  be  more  advisa- 
ble to  suppose  two  hundred.    The. height  above  mentioned  is 
twenty-six  feet.    But  as  well  to  obviate  mistakes,  as  for  con- 
venience of  calculation,  it  may  be  taken  at  ten  yards,  and  in  or- 
der to  preserve  the  full  breadth  of  the  canal,  the  aqueduct  may 
be  considered  as  twenty  yards  wide.    Thus  we  have  a  result  of 
forty  thousand  cubic  yards  of  masonry,  which  at  two  dollars, 
will  require  an  expenditure  of  eighty  thousand  dollars.    A  re- 
mark which  will  not  escape  the  most  cursory  observer,  is,  that  a 
single  set  of  locks  to  ascend  and  descend  five  and  twenty  feet, 
will  cost  fifty  thousand  dollars,  at  the  lowest  estimation  ;  and  on 
the  system  of  level  canals,  the  descent  in  this  case  is  sixty-five 
feet.    Excepting  the  Genesee,  no  considerable  aqueduct  will  be 
needful ;  because  the  streams  from  the  lakes  being  equable,  small 
arches  may  be  turned  over  them,  and  the  canal  be  carried  along 
a  mound  of  earth.    The  expense  of  such  mound  must  depend 
on  the  convenience  of  obtaining  materials.    Where  hills  of  suf- 
ficient elevation  in  the  neigbourhood  give  the  advantage  of  run- 
ning along  wooden  railways,  or  where  the  transportation  may  be 
by  boats,  along  the  canal  itself,  a  mound  will  cost  but  little  com- 
pared to  that  which  is  raised  solely  by  the  labor  of  men  and  cat- 
tle.   All  estimates,  therefore,  which  are  not  founded  on  exact 
local  knowledge,  must  be  vague  and  uncertain.  Assuming, 
however,  as  a  basis,  the  price  of  one  dollar  for  eight  cubic  yards ; 
to  estimate  the  expense  of  a  mound  over  the  Cayuga  lake,  one 
hundred  and  thirty  feet  high,  and  sixty  feet  wide,  on  the  top, 
with  an  inclination  of  five  and  forty  degrees,  in  the  descent  of 
the  side,  we  have  at  the  base  one  hundred  and  ninety  feet,  giving 
a  mew  width  of  onp  hundred  and  twenty-five  ;  which,  multiplied 


CANAL  LAWS,  to. 


"by  the  height  one  hundred  and  thirty,  is  sixteen  thousand,  two  1311. 
hundred  and  fifty  feet,  or  in  round  numbers,  one  thousand  eight  -^r— ^ 
hundred  square  yards.  These,  at  the  eighth  of  a  dollar  each 
cubic  yard,  will  cost  for  every  yard  of  the  mound  in  length,  two 
hundred  and  twenty-five  dollars.  Allowing,  therefore,  two  thou- 
sand yards  instead  of  a  mile,  so  as  to  compensate  for  the  ex- 
pense of  an  arch  two  hundred  feet  long,  with  a  span  of  fifty  feet 
over  the  stream,  and  for  other  contingencies,  the  whole  cost 
might  be  four  hundred  and  fifty  thousand  dollars,  perhaps  half  a 
million. 

Under  the  impression  resulting  from  these  observations,  it  is  $5,000,000 
believed  that  one  million  of  dollars  would  provide  for  every Cstimate  w 
thing  of  this  sort,  so  as  to  bring  the  canal  to  a  reservoir  near 
Hudson's  river  without  locks,  for  four  millions  of  dollars  :  a 
descent  there,  of  from  three  to  four  hundred  feet  by  locks,  would 
cost,  perhaps,  another  million ;  or  if  it  should  be  deemed  more 
advisable  to  transport  by  rail-ways,  the  water  used  for  machine- 
ry would  probably  yield  a  rent  sufficient  to  keep  the  canal  in 
repair. 

But  hitherto,  this  navigation  has  been  contemplated  no  further 
than  to  the  mouth  of  Tonewanta,  in  Niagara  river.  From 
thence  to  Lake  Eric,  is  ten  miles,  and  the  last  mile,  at  the  Black 
Rock  rapid,  is  said  to  have,  through  part  of  a  fall  which  is,  on 
the  w  hole,  four  feet,  a  rapidity  of  near  seven  miles  an  hour  ;  so 
that  vessels  descending  below  it,  may  wait  a  whole  season  for 
wind  sufficiently  strong  to  get  up. 

This  obstacle,  though  great,  does  not  appear  insurmountable. 
Perhaps  two  wharves,  similar  to  those  which  surround  our  cities, 
made  impervious  to  the  water,  and  sunk  parallel  to  each  other 
during  the  distance  of  one  mile,  with  two  pair  of  gates  similar 
to  those  of  dry  docks,  placed  so  as  that  the  upper  one  being 
shut,  there  shall  be  still  water  from  below;  and  that  the  lower 
one  shut,  will  make  still  water  above,  may  fully  answer  the  end. 
The  cost,  where  wood  and  stones  are  so  abundant,  cannot  be 
great ;  and  as  wood  is  not  liable  to  rot  under  water,  nor  exposed 
in  fresh  water  to  the  ravages  of  worms,  the  work  may  be  suffi- 
ciently durable.  On  the  whole,  it  is  conceived  that  the  expense 
of  this  national  work  may  be  five  millions  of  dollars ;  a  sum 
which  does  not,  it  is  presumed,  exceed  five  per  cent,  of  the  value 
of  the  commodities,  which,  in  less  than  a  century,  it  will  annual- 


CANAL  LAW  S,  &c. 


1811.  ly  transport,  should  it  be  now  commenced,  so  as  duly  to  encour- 
v~v~— ^  age  population  around  the  upper  lakes. 

How  is  the  ex-     The  commissioners  hope  they  shall  be  excused  if,  in  this 
supported1?8    place,  they  advert  to  a  question  more  important,  perhaps,  than 
any  other.    By  whom  shall  the  needful  expense  be  supported? 

They  take  the  liberty  of  entering  their  feeble  protest  against 
a  grant  to  private  persons  or  companies.  Too  great  a  national 
interest  is  at  stake.  It  must  not  become  the  subject  of  a  job,  or 
a  fund  for  speculation.  Among  many  other  objections,  there  is 
one  insuperable :  That  it  would  defeat  the  contemplated  cheap- 
ness of  transportation.  It  should  always  on  occasions  of  this 
sort  be  recollected,  that  the  reasons  adduced  for  grants  to  indi- 
viduals in  Europe  apply  inversely  here.  Few  of  our  fellow 
citizens  have  more  money  than  they  want,  and  of  the  many  who 
want,  few  find  facility  in  obtaining  it.  But  the  public  can  readi- 
ly, at  a  fair  interest,  command  any  reasonable  sum.  Moreover, 
such  large  expenditures  can  be  more  economically  made  under 
public  authority,  than  by  the  care  and  vigilance  of  any  com- 
pany. 

It  remains  therefore  to  determine  whether  this  canal  should 
be  at  the  cost  of  this  state  or  of  the  Union.  If  the  state  were 
not  bound  by  the  federal  band  with  her  sister  states,  she  might 
fairly  ask  compensation  from  those  who  own  the  soil  along  the 
great  lakes  for  the  permission  to  cut  this  canal  at  their  expense  ; 
or  her  statesmen  might  deem  it  still  more  advisable,  to  make  the 
canal  at  her  own  expense,  and  take  for  the  use  of  it,  a  transit 
duty;  raising  or  lowering  the  impost,  as  circumstances  might 
direct  for  her  own  advantage.  This  might  be  the  better 
course  if  the  state  stood  alone.  But  fortunately  for  the  peace 
and  happiness  of  all,  this  is  not  the  case  ;  we  are  connected  by 
a  bond,  which,  if  the  prayers  of  good  men  are  favorably  heard, 
will  be  indissoluble.  It  becomes  proper,  therefore,  to  resort  for 
the  solution  of  the  present  question,  to  principles  of  distributive 
justice.  That  which  presents  itself,  is  the  trite  adage,  that  those 
who  participate  in  the  benefit,  should  contribute  to  the  expense. 

The  commissioners  presume  not  to  go  one  step  farther.  The 
offers  of  individuals,  already  alluded  to,  shew  their  conviction 
of  that  equity  by  which  the  state  is  called  on  for  her  share.  The 
wisdom  as  well  as  justice  of  the  national  legislature,  will,  no 
doubt,  lead  to  the  exercise  on  their  part  of  prudent  munificence; 
but  the  proportion,  the  ronditions*  the  compact  in  shcrt,  must  he 


CANAL  LAWS,  feci 


the  result  of  treaty.  Whether  the  honorable  the  Senate  and  As- 
sembly will  take  steps  towards  a  negociation,  and  what  these 
steps  may  be,  it  is  in  their  wisdom  to  determine. 

All  which  is  respectfully  submitted, 

GOUV.  MORRIS, 

S.  V.  RENSSELAER, 

W.  NORTH, 

DE  WITT  CLINTON, 

THOMAS  EDDY, 

PETER  B.  PORTER, 

SIMEON  DE  WITT. 

Thereupon, 

Mr.  Clinton  asked  for  leave  to  bring  in  a  bill,  entitled  "  an  act 
to  provide  for  the  improvement  of  the  internal  navigation  of  the 
state." 

Leave  being  given, 

Mr.  Clinton  brought  in  the  said  bill,  which  was  read  the  first 
time,  and  by  unanimous  consent  was  also  read  a  second  time,  and 
committed  to  a  committee  of  the  whole. 

Ordered,  That  the  said  bill  be  printed. 

On  motion  of  Mr.  Piatt, 

Resolved,  if  the  honorable  the  assembly  concur  herein,  That 
five  thousand  copies  of  the  report  of  the  commissioners  appointed 
by  joint  resolutions  of  the  senate  and  assembly  of  the  13th  and 
15th  March,  1810,  to  explore  the  route  of  an  inland  navigation 
from  Hudson's  river  to  lake  Ontario  and  lake  Erie,  be  printed  by 
the  printer  to  this  state,  and  by  him  delivered,  in  equal  propor- 
tions, to  the  several  members  of  both  houses  of  the  legislature,  in 
order  that  the  same  may  be  gratuitously  destributed  and  pro- 
mulgated throughout  the  state. 

Ordered,  That  the  clerk  deliver  a  copy  of  the  preceding  reso- 
lution to  the  honorable  the  assembly. 

In  Assembly,  March  4,  181JU 
Resolved,  That  this  house  do  concur  with  the  honorable  th^ 
senate  in  their  preceding  resolution. 


70 


CANAL  LAWS,  &c. 


1811. 

v— '  An  Act  to  provide  for  the  Improvement  of  the  Internal  Navigation 

of  the  State, 

Passed  April  8,  1811. 

Whereas  a  communication  by  means  of  a  canal  navigation 
between  the  great  lakes  and  Hudson's  river  will  encourage  agri- 
culture, promote  commerce  and  manufactures,  facilitate  a  free 
and  general  intercourse  between  different  parts  of  the  United 
States,  and  tend  to  the  aggrandizement  and  prosperity  of  the 
country,  and  consolidate  and  strengthen  the  union  :  Therefore, 
Commissioners     [.  Be  it  enacted  by  the  People  of  the  state  of  New-York,  re- 
g"?  ieir  pow" presented  in  Senate  and  Assembly,  That  Gouverneur  Morris,  Ste- 
phen Van  Rensselaer,  De  Witt  Clinton,  Simeon  De  Witt,  William 
North,  Thomas  Eddy,  Peter  B.  Porter,  Robert  R.  Livingston 
and  Robert  Fulton  shall  be  and  hereby  are  appointed  commis- 
sioners for  the  consideration  of  all  matters  relating  to  the  said 
inland  navigation  ;  and  in  case  of  the  resignation  or  death  of 
any  of  the  said  commissioners,  the  vacancy  shall  be  supplied  by 
the  person  administering  the  government  of  this  state. 
Further  pow-    n#  Jina*  oe  if  further  enacted,  That  the  said  commissioners,  or 
a  majority  of  them,  shall  be  and  hereby  are  empowered  to  make 
application  in  behalf  of  this  state  to  the  congress  of  the  United 
States,  or  to  the  legislature  of  any  state  or  territory,  to  co-operate 
and  aid  in  this  undertaking,  and  also  to  the  proprietors  of  the  land 
through  which  such  navigation  may  be  carried,  for  cessions  or 
grants  to  the  people  of  this  state,  to  be  received  by  the  said 
commissioners  in  their  discretion  ;  and  also  to  ascertain  whether 
loans  can  be  procured  on  advantageous  terms  on  the  credit  of 
this  state  for  the  purpose  aforesaid,  and  the  terms  on  which  the 
western  inland  lock  navigation  company  would  surrender  their 
rights  and  interest  to  the  people  of  this  state. 
™nIe™V]°y     HI.  And  be  it  further  enacted,  That  the  said  commissioners 
shall  be  and  hereby  are  empowered  to  employ  engineers,  survey- 
ors, and  such  other  persons  as  in  their  opinion  may  be  necessary 
in  order  to  enable  them  to,  fulfil  the  duties  imposed  on  them  by 
this  act,  and  to  pay  them  for  their  respective  services  such  sums 
as  may  be  reasonable. 

IV.  And  be  it  further  enacted,  That  the  said  commissioners 

Report.  J  . 

shall,  and  they  are  hereby  required  to  report  to  the  legislature  at 
their  next  session  an  account  of  the  whole  of  their  proceeding 


CANAL  LAWS,  fet. 


V.  And  be  it  further  enacted,  That  the  treasurer  shall  pay  to  1812. 
the  order  of  a  majority  of  the  said  commissioners,  out  of  any  mo- v  '^v^^. 
nies  in  the  treasury  not  otherwise  appropriated,  any  sum  or  sums  propriated. 
not  exceeding  fifteen  thousand  dollars,  and  for  which  the  said 
commissioners  shall  account  to  the  comptroller  of  this  state. 


VIII. 

"Report  of  the  Commissioners  under  the  Act  of  April  8,  18fJ. 

In  Senate,  March  14,  18  J  2. 
The  commissioners  appointed  by  the  act,  entitled  "  an  act  to  Applications 
provide  for  the  improvement  of  the  internal  navigation  of  the  g^ss  and  some 
state,"  passed  April  8th,  1811,  for  the  consideration  of  all  mat-^dual 
ters  relating  to  the  said  inland  navigation,  reported  as  follows, 
to  wit : 

That  in  obedience  to  the  directions  of  the  said  act,  they  made 
application  to  Congress  and  to  the  legislatures  of  the  several 
states  and  territories,  copies  of  which  are  annexed  in  the  papers 
marked  No.  1,  and  No.  2.  They  conceived  it  proper  also,  to 
address  the  President  of  the  United  States,  on  the  subject  of  their 
appointment,  and  annex  a  copy  of  their  letter  to  him,  No.  3. 

Moreover,  considering  the  magnitude  of  the  object,  they 
deemed  it  advisable  to  depute  two  of  their  members  to  the  gen- 
ral  government,  with  their  letter  to  the  President,  and  applica- 
tion to  the  Senate  and  house  of  Representatives.  A  copy  of 
the  report  made  by  that  deputation,  on  the  24th  of  last  month, 
is  also  annexed,  marked  No.  4.  It  appears  from  this  report, 
that  although  it  be  uncertain  whether  the  national  government 
will  do  any  thing,  it  is  certain  they  will  do  nothing  from  which 
immediate  aid  can  be  derived.  The  deputation  found  itself  obli- 
ged, by  prudential  considerations,  not  only  to  blend  the  navi- 
gation between  lake  Erie  and  Hudson's  river,  with  objects,  some 
of  which  are  subservient  to  local  interest,  but  to  refrain  from 
asking  an  advance  or  even  an  appropriation  of  money.  The 
utmost  they  hoped  to  obtain  was  a  grant  of  land;  a  grant  so 
limited  as  not  to  take  effect  until  after  the  canal  should  be  com- 
pleted, at  the  expense  of  New-York. 

It  might  have  boon  pypcctM  that  so  moderate  a  request,  coup- 


CANAL  LAWS,  he. 


1811.    led  with  the  offer  that  no  toll  should  be  taken,  would  have  been 
v  v~-— '  immediately  granted. 

The  motives  which  led  to  doubt  and  delay,  are  unknown  to 
the  commissioners  ;  and  their  profound  respect  for  those  to  whom 
is  committed  the  conduct  of  our  national  affairs,  forbids  them  to 
hazard  a  conjecture.  But  if  the  offer  had  been,  or  should  be 
accepted,  still  the  canal  is  to  be  made  by  the  state.  So  that  it* 
the  bounty  of  Congress  had  granted  the  entreated  boon,  it  would 
have  been  merely  the  purchase,  at  less  than  its  cost,  of  a  most 
valuable  object  ;  by  paying  for  it  a  tract  of  unsaleable  land. 

The  commissioners,  in  their  first  report,  took  the  liberty  to  ex- 
press the  opinion,  that  an  offer  of  the  canal  should  be  made  to 
the  national  government ;  and  they  saw  with  pleasure  and  with 
pride,  that  the  Legislature  (concurring  in  this  opinion)  adopted 
the  most  honorable  measures  for  inducing  the  United  States  to 
acquire  it.  But,  the  offer  made  and  not  accepted,  the  state  is  at 
liberty  to  consult  and  pursue  the  maxims  of  policy.  These  seem 
imperatively  to  demand  that  the  canal  be  made  by  her,  and  for 
her  own  account,  as  soon  as  circumstances  will  permit.  It  is 
believed  that  a  revenue  may  be  derived  from  it,  far  exceeding 
the  interest  of  what  it  will  cost;  and  it  seems  just  that  those  of 
our  citizens  who  have  no  immediate  interest  in  the  work,  should 
find  retribution  for  their  share  of  the  cost  (if  any)  in  a  revenue 
which  will  lessen  their  future  contributions.  Whether  this  sub- 
ject be  considered  with  a  view  to  commerce  and  finance,  or  on 
the  more  extensive  scale  of  policy,  there  would  be  a  want  of 
wisdom,  and  almost  of  piety,  not  to  employ  for  public  advan- 
tage those  means  which  Divine  Providence  has  placed  so  com- 
pletely within  our  power. 

The  commissioners  have  received  some  replies  to  the  applica- 
tions they  made  to  the  states  and  territories. 
Proceedings    ^he  legislature  of  Tennesee,  on  the  16th  of  November,  re-  i 
of  the  state  of  solVed  that  their  senators  and  representatives  should  be  requested 

Tennesee.  _  1  1 

to  support  any  laudable  attempt  made  to  the  Congress  of  the  ! 
United  States,  soliciting  the  aid  of  the  general  government  in 
relation  to  the  canal  navigation  between  Hudson's  river  and  the  j 
great  lakes. 

O!  New  Jersey*     On  the  4th  of  November  the  legislature  of  New- Jersey  say,  jj 
"  Although  we  feel  a  deep  interest  in  promoting  every  attempt  to 
open  a  communication,  by  means  of  canal  navigation,  between  I 

the  ^reat  bkc?ar>d  the  navigable  rivers  runniug  through  the  M- 


CANAL  LAWS,  &c. 


73 


lantic  states;  and  are  fully  sensible  that  such  communication  1812. 
would  tend  to  enrich,  consolidate  and  strengthen  the  union;  yet  v^-v-^*' 
as  we  have  not  sufficient  means  for  completing  the  plans  of  public 
improvement  within  this  state,  already  projected,  and  deemed  of 
the  first  importance  to  our  immediate  prosperity,  it  would  not  be 
advisable,  at  present,  to  lend  assistance  to  improvements  in  other 
states.    And  although  we  anticipate  with  pleasure,  judging  from 
the  enlightened  policy  hitherto  pursued  in  extending  public  im- 
provements by  our  national  government,  that  the  time  is  not  far 
distant  when,  from  the  rapidly  encreasing  wealth  of  our  country, 
the  vast  plans  of  extending  canal  navigation  will  be  carried  into 
effect,  so  as  to  form  a  chain  of  communications  from  the  waters 
of  the  Hudson  river  to  the  great  lakes,  and  from  the  lakes  to  the 
Mississippi :  Yet,  as  that  period  has  not  arrived,  we  see  nothing 
to  warrant  us  in  giving  instructions  to  our  representatives  in  Con- 
gress, as  to  the  measures  they  shall  pursue,  when  this  subject  shall 
come  before  them." 

The  legislature  of  Connecticut,  at  a  general  assembly  holden  ofConnecti- 
at  New-Haven,  on  the  second  Thursday  of  October,  resolved^ cut- 
that  it  was  inexpedient  to  take  any  measures  on  the  application 
of  the  commissioners  appointed  by  the  state  of  New-York  for 
opening  a  communication  by  means  of  a  canal  navigation  be- 
tween the  great  lakes  and  Hudson's  river.  The  reasons  assign- 
ed by  the  committee,  on  whose  report  the  resolution  was  made, 
were,  that  the  state  could  not  supply  money,  and  (having  elect- 
ed able  men  to  assist  in  the  councils  of  the  nation)  confided  na- 
tional interests  to  the  unbiassed  judgment  of  those  whose  duty 
it  was  to  attend  to  them,  and  whose  means  of  information  are 
such  as  to  enable  them  to  perform  that  duty  in  the  best  man- 
ner. 

The  legislature  of  Vermont,  on  the  30th  and  31st  October,  Of  Vermont, 
expressed  the  opinion  that  the  object  was  well  worthy  of  con- 
sideration; but  conceiving  the  period  when  they  received  the 
communication  to  be  too  late  to  decide  on  a  subject  of  such  im- 
portance, they  postponed  the  further  consideration  to  their  next 
session. 

On  the  29th  and  30th  of  January,  the  legislature  of  Massachu-  0f  Massachu. 
setts,  with  the  impartial  and  dignified  wisdom  of  conscious  great- setts- 
ness,  resolved  unanimously,  that  the  senators  of  that  common- 
wealth should  be  instructed,  and  their  representatives  requested, 
to  use  their  influence  for  promoting,  by  all  reasonable  encour- 

10 


74 


CANAL  LAWS,  &c. 


1812.    agement,  (in  such  mode  as  Congress  in  their  wisdom  might 
*^-v-^>  direct)  the  opening  of  a  communication,  by  means  of  a  canal 
navigation,  between  the  great  lakes  and  Hudson's  river :  regard 
being  had  to  the  special  benefit  which  would  accrue  to  the  state 
of  New-York  from  the  accomplishment  of  that  project. 
Of  Ohio.  The  legislature  of  Ohio,  also,  have  ( as  will  be  perceived  by 

the  message  of  his  excellency  the  governor)  fully  approved  of 
the  plan. 

The  commissioners  have  moreover  received  a  paper  signed 
Oi  Michigan.  .  r  r  o 

Reuben  Atwater,  acting  governor  of  Michigan,  A.  B.  Wood- 
ward, J.  Witherell,  and  countersigned  Jos.  Watson,  secretary, 
which  is  of  the  following  purport : — Whereas  the  commissioners 
of  internal  navigation  in  the  state  of  New-York  have  addressed 
to  the  governor  and  judges  of  the  territory  of  Michigan,  certain 
communications  relative  to  a  canal  in  the  state  of  New-York, 
which  being  considered,  resolved  unanimously,  that  in  the  opin- 
ion of  the  undersigned,  the  canal  contemplated  by  the  commis- 
sioners of  internal  navigation  in  the  state  of  New-York,  from 
Black  Rock  to  Rome,  would  not  be  so  desirable  as  a  canal 
round  the  cataract  of  Niagara,  and  another  by  the  Falls  of  the 
Oswego.  Passed  the  tenth  day  of  January,  one  thousand  eight 
hundred  and  twelve." 

The  commissioners  have  too  much  respect  for  these  gentlemen 
to  suppose  they  would  have  given  this  opinion  without  informa- 
tion and  consideration.  Wherefore,  they  must  infer  that  the  in- 
formation received  was  not  founded  in  fact ;  or  that,  not  having 
habitually  turned  their  attention  to  objects  of  this  sort,  they  are 
not  so  well  qualified  to  judge,  as  the  consciousness  of  intelligence 
respecting  matters  more  familiar  to  their  minds  may  have  led 
Commissioners  them  to  suppose.  The  commissioners,  previous  to  their  former 
n-yr&c.6  C°Un  reP01%  viewed  the  country,  caused  surveys  to  be  made,  obtained 
all  the  information  in  their  power,  listened  to  the  reasons  on 
either  side  with  impartial  attention  ;  and  although  they  have  not 
the  vanity  to  oppose  their  judgment  to  that  of  professional  men, 
persist  in  believing  that  the  conclusions  they  drew  were  not  un- 
founded. They  feel  so  much  the  more  confidence  in  their  opin- 
ion, as  it  accords  with  that  of  Mr.  Weston,  whose  abilities  as  an 
engineer  (in  this  particular  department)  are  unquestioned.  To 
that  gentleman  their  report  was  transmitted  by  one  of  his  friends  * 
R,    „T     ,  and  in  reply  (after  treating  of  the  means  to  obtain  sufficient 

Mr.  \\  estou  s  r  J  v       .  & 

opinion.        water  at  the  summit  level  of  Rome)  he  says  "  supposing  your 


(_;ANAL  LAWS,  ke. 


tears  on  this  subject  to  be  removed,  you  have  no  further  obsta-  1812. 
cles  to  encounter,  in  your  progress  westward,  until  you  arrive  at  v— 
Oswego  falls.  From  thence  to  Oswego  is  the  great  work.  I 
know  not  whether  I  ever  declared  that  it  was  impossible  to  con- 
duct a  canal  by  this  route,  I  should  rather  think  it  was  the  tech- 
nical term  impracticable,  of  course  restricted  in  the  sense  men- 
tioned in  the  report ;  and  under  those  limitations,  I  still  deem  it 
so ;  and  such  I  am  persuaded  it  will  be  declared  by  every  praCr 
fical  professional  man.  But  supposing  your  wishes  accomplish- 
ed, the  question  then  occurs,  would  the  trade  of  the  lakes  be 
directed  into  this  channel,  from  its  natural  one  down  the  St. 
Lawrence.  On  the  superior  facilities  afforded  by  this  river,  for 
the  transportation  of  produce,  I  perfectly  agree  with  the  com- 
missioners, having  traversed  it  twice  between  Kingston  and  Mon- 
treal, and  each  time  viewed  it  very  attentively.  I  can  therefore 
assert  with  confidence,  that  I  know  of  no  existing  navigation,  of 
such  extent,  which  can  be  rendered  perfect  at  so  small  an  ex- 
pense. However,  should  your  noble  plan,  of  uniting  lake  Erie 
with  the  Hudson,  be  carried  into  effect,  you  have  to  fear  no  ri- 
valry. The  commerce  of  the  enormous  extent  of  country  bor- 
dering on  the  upper  lakes,  is  yours  forever;  and  to  such 
an  incalculable  amount  as  would  baflle  all  conjecture  to  con- 
ceive. 

If  the  Michigan  gentlemen  were  alone  in  their  opinion,  it  Objections 

•»'..,  ,  ,  .  •        i         •    i-    i  i  considered* 

might  be  useless  to  say  any  thing,  seeing  there  is  little  proba- 
bility that  any  contribution  will  be  required  from  them.  But 
there  are,  it  is  said,  men  of  influential  character  who  preach  the 
same  doctrine.  To  this  effect  they  assume,  what  remains  to  be 
proved,  not  only  that  lock  navigation  by  the  falls  of  Oswego  and 
cataract  of  Niagara  is  practicable,  but  that  it  is  both  cheaper 
and  better  than  a  canal  direct  from  the  Niagara  to  the  Hudson 
river.  On  the  practicability  it  would  be  superfluous  to  add  a 
remark  ;  for  those  who  believe  they  can,  from  a  cursory  view  or 
no  view  at  all,  judge  better  than  such  men  as  Mr.  Weston,  after 
critical  examination  of  the  ground,  will  hardly  expect  to  obtain 
the  confidence  of  others,  however  great  their  reliance  on  them- 
selves. Nevertheless,  these  gentlemen  are  entreated  seriously 
to  consider  whether  it  be  prudent,  or  even  honest,  to  hazard  mis- 
j '  leading  those  who  think  well  of  them,  and  thereby  involving  the 
statPin  great  and  fruitless  expense.    And  this  must  be  the  con- 


16 


CANAL  LAWS,  &f . 


1812.  sequence  of  undertaking  the  work  they  recommend.  That  the 
v— ^r- — *  cost  will  be  great  is  certified  by  all  who  possess  competent  judg- 
ment and  information.  That  it  will  be  fruitless  may  be  proved 
by  facts  visible  to  every  one,  who  chooses  to  open  his  eyes.  In 
the  gazettes  of  this  city  are  advertised  the  rates  at  which  goods 
will  be  carried  from  the  ports  of  lake  Ontario,  to  Ogdensburgh, 
and  thence  to  Montreal.  The  first  are  lower  than  have  hereto- 
fore prevailed  between  Lewistown  and  Oswego.  The  secondare 
fifty-five  cents  in  scows,  and  eighty-eight  cents  in  boats,  for  a 
barrel  of  flour.  But  to  ascend  Oswego  river  by  locks,  and  then, 
after  crossing  Oneida  lake,  to  ascend  Wood  creek  in  boats, 
which,  for  great  part  of  the  way,  must  be  rowed  hy  men,  would, 
it  is  believed,  cost  not  less  than  fifty  cents  per  barrel ;  because, 
if  three  men  bring  up  thirty  barrels  in  five  days,  at  fifty  cents 
per  barrel,  they  would  earn  only  one  dollar  per  day  each  ;  al- 
lowing for  toll  nothing,  for  delay  while  waiting  for  freight  no- 
thing, for  wear  and  tear  of  the  boat  nothing,  and  nothing  for  the 
return  empty,  if  no  freight  should  offer. 

Thus  it  seems  probable  that  produce  could  not  be  taken  from 
Oswego  to  Rome,  for  less  than  from  Ogdensburgh  to  Montreal ; 
so  that  the  communication  which  professional  men,  after  due  exam- 
ination, consider  as  impracticable,  unless  at  an  enormous  expense, 
wholly  disproportionate  to  the  object,  but  which  some  gentlemen 
assume,  without  examination,  to  be  very  simple,  would,  if  com- 
pleted, be  of  no  avail.  Instead  of  drawing  to  us  the  trade  of  our 
neighbors,  it  would  turn  much  of  our  trade  to  them.  Farmers 
who  cannot  send  their  produce  by  land,  from  beyond  Geneva  to 
Albany,  must  carry  it  to  one  of  the  few  bad  harbors  on  lake  On- 
tario, thence  to  wait  the  arrival  of  schooners  from  Ogdensburgh. 
But,  it  is  certain,  even  if  a  commerce  with  those  vast  regions 
which  surround  the  great  lakes,  be  put  out  of  the  question,  that 
the  inhabitants  of  our  western  counties  must  be  greatly  benefited 
by  a  navigable  canal,  dug  at  a  distance  from  lake  Ontario.  Let 
the  mind  be  turned  to  a  tract  of  country,  fifty  miles  wide,  and 
stretched  out  east  and  west  on  the  south  side  of  that  lake.  It 
cannot  be  denied  that,  if  good  harbours  were  abundant  on  its 
shores,  and  if  the  adjacent  country  offered  good  roads,  the  average 
distance  of  land  carriage  must  beat  least  twenty-five  miles. 
But,  inasmuch  as  the  harbours  are  few,  it  must  be  sixty  or  seven- 
ty from  many  parts  of  the  tract.  Under  these  circumstances,  let 
it  be  supposed  that  a  canal  should  be  run  east  and  west  thr&igh 


CANAL  LAWS,  fcc. 


the  middle.    As  that  would  be  accessible  in  every  part,  it  is  evi-  1812. 

deaf  that  the  extreme  distance  of  land  carriage  would  be  less  than  *  * 

the  mean  distance  at  present.  The  conclusion  is  so  clear,  that 
to  say  more  would  not  shew  proper  respect  to  the  wisdom  of  the 
legislature.  There  is  another  part  of  the  subject,  however, 
which  stands  in  close  connexion  with  what  has  just  been  advan- 
ced, and  which  coining  in  support  of  Mr.  Weston's  opinion  on  the  ef- 
fect of  the  canal  in  securing  *to  this  state  the  commerce  of  the 
western  world,  it  would  be  unjust  to  withhold. 

The  commissioners  pray  leave,  then,  to  revert  to  and  develope  .  Calculation 
the  basis  of  a  calculation  stated  in  their  first  report.  Two  horses 
can,  in  still  water,  draw  a  boat  laden  with  fifty  tons  at  the  rate  of 
two  miles  and  a  half  in  an  hour,  wherefore  the  progress  in  eight 
hours  will  be  twenty  miles. — This,  then,  is  the  smallest  distance 
which  can  reasonably  be  expected  in  one  day.  Now,  as  three 
men  will  be  required  to  manage  and  steer  a  boat,  the  daily  allow- 
ance of  five  dollars  may  be  made  for  men  and  horses,  being  one  dollar 
each  ;  and  that  is  surely  enough.  But  a  further  allowance  must 
be  made  for  use  of  the  boat,  profit  of  the  owner,  and  time  un- 
avoidably lost.  It  may  be  well  to  appropriate  to  these  objects 
all  the  return  freight,  and  charge  the  whole  expense,  to  and  fro, 
on  what  may  be  called  the  export  cargo.  This  will,  of  course, 
double  the  amount,  and  bring  it  to  ten  dollars  for  twenty  miles, 
or  fifty  cents  per  mile.  Wherefore  the  extent  of  what  it  can  cost 
to  transport  fifty  tons  one  mile,  on  a  canal,  being  fifty  cents,  the 
rate  is  one  cent  per  ton  per  mile.  To  this,  perhaps,  it  will  be  ob- 
jected, that  experience  in  this  state  does  by  no  means  justify  so 
low  an  estimate.  But  there  is  no  such  experience,  for  there  is  no 
canal  navigation  in  the  state :  and  the  commissioners  have  al- 
ready, in  their  first  report,  stated  the  objections  to  following  rivers, 
creeks,  brooks  and  torrents,  by  the  main  strength  of  men,  instead 
of  drawing  boats  by  horses  along  the  tranquil  surface  of  a  canal. 

Let  it  be  supposed  that  the  windings  of  a  canal  will  so  far  ex-  Length  of  c* 
ceed  those  of  the  present  road,  as  that  the  length  from  lake  Erie  3^?IJ$cTCd  at 
to  Hudson's  river  shall  be  three  hundred  and  fifty  miles  ;  conse- 
quently that  the  transportation  of  a  ton  will  cost  three  hundred 
and  fifty  cents.  To  this  let  two  hundred  and  fifty  more  be  ad- 
ded, for  toll,  the  amount  will  then  be  six  hundred  cents  per  ton  ; 
and  taking  ten  barrels  of  flour  to  a  ton,  the  transportation  of 
each  barrel  will  cost  sixty  cents.  If  to  this  twenty  cents  be  ad- 
ded for  freight  to  New-York,  the  total  will  be  but  eighty  cents 


I  WAL  LAWS.  fee. 


1812.    from  tlie  port  of  discharge  on  lake  Erie,  to  the  commercial  em- 

■  — '  porium  of  New-York,  and  the  risque  of  this  route  is  so  trifling  as 

not  to  merit  notice.  By  the  advertisement  already  alluded  to,  it 
appears  that  the  lowest  price  of  freight  (and  for  part  of  the  way 
in  hazardous  craft)  is  ninety-three  cents  per  barrel  of  flour,  from 
Lewistown  to  Montreal.  Instead  of  adding  for  insurance,  let 
something  be  taken  away,  and  let  it  be  supposed  that  hereafter 
both  freight  and  insurance  shall  c<?st  but  ninety  cents,  even  then 
nine  barrels  of  flour  will  be  taken  from  above  the  falls  of  Niagara 
to  New-York,  for  the  same  price  that  eight  can  be  taken  now 
from  below  those  falls  to  Montreal.  The  expense  of  passing 
from  lake  Erie  to  lake  Ontario  must  be  added.  And  here,  let  it 
be  asked,  what  kind  of  locks  are  those  which  gentlemen  project 
round  the  cataract  of  Niagara.  Every  expense  which  may  be 
needful  to  facilitate  the  navigation  through  the  rapid  at  Black 
Rock  must  be  encountered,  in  the  one  case  as  in  the  other.  But 
when  a  large  vessel,  from  lake  Erie,  shall  have  brought  her  car- 
co  to  within  a  small  distance  of  the  cataract,  it  would  be  ridiculous 
to  put  it  on  board  of  small  boats  merely  to  descend  by  locks,  to 
lake  Ontario,  and  then  put  it  again  on  board  of  large  vessels  to 
cress  that  lake.  It  would  be  equally  ridiculous  to  attempt  the 
transportation,  on  either  lake,  in  small  boats.  The  locks,  then 
to  be  of  use,  must  be  such  as  will  take  up  and  let  down  vessels 
which  navigate  the  lakes.  These  then  are  the  locks  which  the 
state  is  desired  to  make,  in  the  expectation  that  after  a  vessel 
from  the  upper  lakes  shall  have  descended  into  Ontario,  she  will 
stop  at  the  difficult  and  dangerous  port  of  Oswego,  instead  of  go- 
ing on  easily  and  safely  to  Ogdensburgh.  The  inventors  and 
abettors  of  this  project  may  have  the  best  and  most  patriotic  in- 
tentions, but  their  scheme,  if  carried  into  effect,  would  encrease 
(by  the  resources  of  New-York)  the  wealth  of  Canada  and  the 
power  of  Great-Britain.  Before  this  subject  be  dismissed  it  may 
not  be  improper  to  compare  the  expense  of  transportation  on  a 
canal  with  that  on  a  turnpike  road.    The  cost  of  carriage  from 

Cost  of  rnr-  *   .  ° 

riage  from  A!-  Albany  to  Utica,  by  land,  is  seventy-five  cents  per  hundred,  or 
in'  10  tlCd  fifteen  dollars  per  ton.  Were  the  distance  one  hundred  miles, 
(which  it  is  not)  one  fifth  of  it,  or  twenty  miles,  would  cost  three 
dollars,  and  forty  miles  would  cost  six.  The  proposed  canal  will, 
then,  to  every  useful  purpose,  produce  the  same  effect  as  if  lake 
Erie  were  brought  within  forty  miles  of  Hudson's  river.  In 


CANAL  LAWS.  fcc. 


79 


other  words,  the  great  lakes,  those  inland  seas,  admitting  of  a  1812. 
navigation  with  vessels  of  the  largest  burthen,  and  girt  by  shores  v  v  ' 
exceeding  two  thousand  miles,  would  be  connected  with  the  Atlan- 
tic by  a  portage  of  only  forty  miles.  The  country  between  Hud- 
son's river  and  lake  Erie,  within  twenty  miles  of  the  canal,  a  coun- 
try whose  natural  advantages  are  not  surpassed  by  any  other  ofequal 
extent  on  the  globe,  would,  thus,  be  virtually  condensed  within  a 
space  whose  medium  distance  from  the  tide  waters  of  the  ocean 
would  be  but  thirty  miles.  Hence  the  most  important  conse- 
quences to  the  prosperity  of  our  country  would  be  produced. 
Among  these,  as  an  item  worth  millions,  may  be  reckoned  the 
saving  of  those  articles  which  would  otherwise  not  be  produced, 
or  would  be  suffered  to  perish  from  the  impracticability  of  bring- 
ing them  to  market. 

It  is  impossible  to  ascertain,  and  is  difficult  to  imagine,  how  As(o  the  a- 
much  toll  would  be  collected.  The  amount  of  transportation  &c. 
might  be  estimated  by  subjecting  probabilities  to  calculation. 
But,  like  our  advance  in  numbers  and  wealth,  calculation  out- 
runs fancy.  Things  which  twenty  years  ago  a  man  would  have 
been  laughed  at  for  believing,  we  now  see.  At  that  time  the 
most  ardent  mind,  proceeding  on  established  facts  by  the  uner- 
ring rules  of  arithmetic,  was  obliged  to  drop  the  pen  at  results 
which  imagination  could  not  embrace.  Under  circumstances  of 
this  sort,  there  can  be  no  doubt  that  those  microcosmic  minds 
which,  habitually  occupied  in  the  consideration  of  what  is  little, 
are  incapable  of  discerning  what  is  great,  and  who  already  stig- 
matise the  proposed  canal  as  a  romantic  scheme,  will,  not  un- 
sparingly, distribute  the  epithets,  absurd,  ridiculous,  chimerical, 
on  the  estimate  of  what  it  may  produce.  The  commissioner^ 
must,  nevertheless,  have  the  hardihood  to  brave  the  sneers  and 
sarcasms  of  men,  who,  with  too  much  pride  to  study,  and  too 
much  wit  to  think,  undervalue  what  they  do  not  understand,  and 
condemn  what  they  cannot  comprehend. 

Wise  legislators  will  examine  and  reason  upon  facts.  View- 
ing the  extent  and  fertility  of  the  country  with  which  this  canal 
is  to  open  a  communication,  it  is  not  extravagant  to  suppose  that, 
when  settled,  its  produce  will  equal  the  present  export  of  the  At- 
lantic states  ;  because  it  contains  more  land,  and  that  land  of  a 
superior  quality. 


CANAL  LAWS,  &c. 


1812.  Those  who  contemplate  the  rapid  increase  of  population,  es- 
V^'v-^'  pecially  in  that  quarter,  must  be  convinced  the  period  is  not 
remote  when  those  regions  will  be  cultivated.  Indeed  they  already 
embrace  an  extensive  tract,  which  has  been  subdued  by  the  arm 
of  industry.  The  amount  of  articles  transported  on  the  canal 
which  will  be  consumed  at  home,  must,  if  circumstances  should 
preserve,  here,  the  proportions  usual  in  similar  cases,  exceed  that 
part  of  them  which  is  sent  abroad.  Nevertheless,  without  ex- 
tending our  view  to  the  commerce  of  other  ports,  it  is  sufficient 
to  take  the  simple  facts,  that  upwards  of  250,000  tons  of  ship- 
ping belong  to  this  state,  and  that  the  value  of  domestic  produce 
exported  is  upwards  of  ten  million  dollars.  Now  250,000  tons  of 
goods,  at  $40  per  ton,  make  up  that  sum  ;  and  grain  at  $40  per 
ton  will  not  average  less  than  one  dollar  per  bushel.  Many  of 
the  exported  articles  are  unquestionably  more  valuable,  but  some 
are  less  valuable  than  grain.  Is  it  then  an  extravagance  to  sup- 
pose, that  the  present  export  of  domestic  produce  is  not  far  short 
of  250,000  tons ;  and  that  it  will  be  doubled  by  means  of  the 
canal.  But  lest  this  assumption  should  be  a  ground  of  cavil, 
let  every  article  of  domestic  consumption  be  added.  Will  it  then 
appear  improbable  that,  twenty  years  hence,  the  canal  should 
annually  bring  down  250,000  tons  ?  It  has  already  been  as- 
sumed that  a  toll  of  250  cents  per  ton  should  be  taken  ;  which, 
on  boats  going  and  returning,  will  give  five  dollars  per  ton,  and 
f  i,250,ooo  yield,  therefore,  one  million  two  hundred  and  fifty  thousand  dollars. 
reverme"iated  ^  tms  sum  be  to°  great>  let  one  fifth  De  struck  off  for  expenses 
and  diminution  of  toll  on  bulky  articles  of  little  value.  A  million 
remains.  Is  that  million  too  much,  take  away  four  hundred 
thousand  :  still  there  will  remain  six  hundred  thousand  dollars  : 
the  interest  at  six  per  cent,  of  ten  million.  Should  the  canal, 
therefore,  cost  even  that  large  sum,  it  will  soon  pay  the  interest 
and  very  soon  afterwards,  by  natural  and  necessary  increase, 
its  import-  discharge  the  principal.  Standing  on  such  facts,  is  it  extrava- 
ancc  to  the  gant  t0  believe  that  New  York  may  lock  forward  to  the  receipt 
(at  no  distant  period)  of  one  million  dollars  net  revenue  from 
this  canal.  The  life  of  an  individual  is  short.  The  time  is  not 
distant  when  those  who  make  this  report  will  have  passed  away. 
But  no  term  is  fixed  to  the  existence  of  a  state  ;  and  the  first  wish 
of  a  patriot's  heart  is,  that  his  own  may  be  immortal.  But 
whatever  limit  may  have  been  assigned  to  the  duration  of  New 
York,  by  those  eternal  decrees  which  established  the  heavens  and 


state 


CANAL  LAWS,  fee. 


si 


lire  earth,  it  is  hardly  to  be  expected  that  she  will  be  blotted  from  1812. 

the  list  of  political  societies  before  the  effects  here  stated,  shall  v  

have  been  sensibly  felt.  And  even  when,  by  the  flow  of  that 
perpetual  stream  which  bears  all  human  institutions  away,  our 
constitution  shall  be  dissolved  and  our  laws  be  lost,  still  the  de- 
scendants of  our  children's  children  will  remain.  The  same 
mountains  will  stand,  the  same  rivers  run.  New  moral  combi- 
nations will  be  formed  on  the  old  physical  foundations,  and  the 
extended  line  of  remote  posterity,  after  a  lapse  of  two  thousand 
years,  and  the  ravage  of  repeated  revolutions,  when  the  records 
of  history  shall  have  been  obliterated,  and  the  tongue  of  tradition 
have  converted  (as  in  China)  the  shadowy  remembrance  of  an- 
cient events  into  childish  tales  of  miracle,  this  national  work  shall 
remain.  It  shall  bear  testimony  to  the  genius,  the  learning,  the 
industry  and  intelligence  of  the  present  age. 

The  commissioners  will  not,  as  the}7  might,  dwell  on  the  ad- 
vantages which  the  commerce  of  the  state  must  derive  from 
opening  a  scene  so  vast  to  its  incessant  activity.  Neither  will 
they  hint  at  the  political  influence  which  must  result  from  holding 
a  key  to  the  commerce  of  our  western  world.  This  subject,  too 
delicate  for  discussion,  is  appropriate  to  the  high  consideration  ot 
legislative  intelligence,  and  should  not,  by  subordinate  agents, 
be  approached  but  with  prudential  respect. 

The  commissioners  beg  leave  to  advert  to  a  question  which  What  will  the 

.  .  canal  cost  ? 

comes  more  properly  within  their  sphere.    What  will  this  canal  Considered, 
cost?    an  important  question,  but  one  to  which  they  cannot 
give  a  satisfactory  answer.    They  have  taken  pains  to  extend 
investigation,  increased  the  number  of  surveys,  and  accumulated 
the  knowledge  of  facts.    In  proportion  to  the  information  ac- 
quired, is  their  conviction,  that  the  plan  is  practicable,  and  that 
the  probable  expense,  compared  with  the  advantage,  is  moderate, 
very  moderate  ;  for  they  persist  in  believing  that  it  may  be  ac- 
complished for  five  or  six  million  of  dollars.    But  they  have  5  wt^OMM 
neither  the  needful  information  on  which  to  calculate,  nor  havedol  ars' 
they  the  professional  ability.    Mr.  Weston,  an  engineer  of  great 
and  acknowledged  talents  and  experience,  who  has  already  been 
employed  in  that  capacity,  both  in  this  state  and  in  Pennsylvania, 
(in  the  letter,  a  part  of  which  has  been  already  cited)  says, 

"  From  the  perspicuous  topographical  description,  and  neat  Mr  Wesioa'i 
plan  and  profile  of  the  route  of  the  contemplated  Canal,  I  enter- opimon' 

11 


82 


CANAL  LAWS,  &c. 


1812.  tain  little  doubt  of  the  practicability  of  the  measure.  Perhaps 
v  '  this  is  the  only  question  which  the  legislature  should  be  particu- 
larly anxious  to  have  resolved.  The  expense,  be  it  what  it  may. 
is  no  object  when  compared  with  the  incalculable  benefit ;  though 
doubtless  it  will  deserve  attention  that  the  money  granted  be 
wisely  and  economically  expended.  As  the  survey  already  made 
is  only  what  is  technically  called  a  running  level,  much  allowance 
ought  to  be  made  with  respect  to  eligibility  of  the  route,  and 
amount  of  descent.  Indeed,  to  determine  the  proper  line  of  canal 
will  require  the  utmost  skill  of  the  professional  engineer.  Its 
due  performance  is  of  vital  importance.  A  small  mistake  therein, 
from  whatever  cause  arising,  may  occasion  the  needless  waste  of 
thousands.  Too  much  care  cannot  be  taken,  in  the  first  instance, 
in  exploring  the  country  in  every  practicable  direction,  that  the 
final  decision  may  be  founded  on  the  result  of  a  comparison  of 
the  different  routes,  as  combining  shortness  of  distance  with 
cheapness  of  execution.  The  extraordinary  regularity  in  the 
third  or  western  division,  induces  me  to  concur,  without  hesita- 
tation,  in  the  plan  recommended  by  the  commissioners,  of  cutting 
the  canal  with  an  uniform  descent,  in  preference  to  the  usual  mode 
of  carrying  it  on  a  level.  It  is  true,  that  the  latter  custom  has, 
almost  invariably,  been  adopted  in  Europe,  but  the  inducements 
thereto  have  generally  been  the  scanty  supply  of  water  on  the 
respective  summits,  the  shortness  of  the  different  levels,  and  the 
tolerably  equal  amount  of  tonnage  conveyed  in  opposite  direc- 
tions. None  of  these  circumstances  occur  in  the  instance  before 
us,  for  the  supply  of  water,  as  is  justly  observed,  is  pure  and 
inexhaustible.  The  length  of  line  from  the  mouth  of  the  Tone- 
wanta  to  Cayuga  river,  is  upwards  of  one  hundred  and  twenty 
miles  ;  an  extent  of  canal  without  lockage,  unequalled  by  any 
now  in  existence  ;  and  the  chief  amount  of  tonnage  will  be  al- 
ways downwards.  For  these  reasons  I  strongly  recommend  the 
adoption  of  the  plan." 

Without  taking  up  those  hypothetical  suggestions  which  pre- 
sent themselves,  on  such  an  occasion,  to  one  whose  experience  of 
difficulties,  whose  knowledge  of  means,  and  whose  intellectual 
resources  lead  to  the  notice  of  things  which  escape  common  ob- 
servation, it  is  evident  that  the  commissioners  would  be  unpar- 
donably  presumptuous  should  they  pretend  to  accuracy  of 
calculation,  before  sufficient  materials  are  collected  to  decide  the 


•  ANAL  LAWS,  &u 


judgment  of  a  professional  man,  such  as  Mr.  Weston,    in  1812. 

speaking  of  what  they  hazarded  in  their  first  report,  he  says, v  ^— ' 

"  the  allowance  of  twelve  and  a  half  cents  per  yard,  for  common  ya^j9tl^leper 
cutting,  is  ample,  but  the  estimate  of  the  average  quantity  of 
earth  to  be  excavated,  is  underrated."  He  thinks,  too,  that  the 
obstructions  arising  from  trees  and  roots,  are  greater  than  was 
apprehended.  The  estimate  of  one  thousand  dollars  per  foot,  for 
lockage,  is,  he  says,  sufficient,  but  two'dollars  per  cubic  yard,  for 
such  masonry  as  would  be  required  for  aqueducts,  is  too  low  ; 
and  he  says,  that  the  expense  of  double  locks,  though  great,  will 
not,  as  was  supposrd,  be  increased  in  a  two-fold  ratio.  The 
commissioners  perct  that  an  error  had  been  made  in  their 
first  report,  respecting  the  cod  of  an  embankment  over  the  outlet 
of  the  Cayuga  lake  ;  but  there  is  no  need  of  correcting  it ; 
because,  from  the  surveys  of  the  last  season,  it  appears  that  the 
ground  between  that  and  the  Seneca  lake,  is  too  low  for  so  high 
a  level.  Unless,  therefore,  a  more  favorable  route  can  be  dis-  The  course 
covered,  the  course  by  an  inclined  plane  cannot  be  pursued  plane  cannot 
throughout,  and  it  may  become  necessary  to  descend  eighty  or  ie^to'se^eca 
ninety  feet,  so  as  to  cross  the  outlet  of  the  Cayuga  by  an  embank-  outlet'  *c* 
ment  of  moderate  height.  In  this  case,  the  communication 
from  lake  Erie  will  consist — 1st.  Of  an  inclined  plane  to  the 
Seneca  outlet :  2d.  Of  a  descent  by  locks  to  a  lower  line  :  3d. 
Of  a  level  canal  as  far  east  as  the  face  of  the  country  may 
indicate  :  4th.  Of  an  elevation,  at  the  end  of  it,  by  locks  to  the 
Rome  summit :  5th.  Of  a  level  canal  from  thence  to  where  de- 
scent may  become  needful  :  And  6th.  Of  an  inclined  plane  from 
that  place  to  a  basin  near  the  Hudson  river.  In  the  course  of  so 
vast  a  work,  much  must  depend  on  the  nature  of  the  soil ;  and 
it  may  sometimes  be  cheaper  to  obtain  that  which  is  good,  by 
extending  the  distance,  than  to  cure  natural  defects  on  a  more 
direct  course.  It  may,  in  some  cases,  also  be  advisable  to  avoid 
deep  cutting,  by  a  circuit,  and  in  others,  to  cut  deep  for  a  shorter 
line.  It  is  evident  that  the  commissioners  cannot  make  a  correct 
estimate.  It  is  nevertheless  their  duty  to  present  the  best  which 
their  information  and  abilities  will  permit,  taking  care  that 
their  allowance  be  rather  too  high  than  too  low  They  assume, 
then,  that  the  distance  may,  for  the  reasons  assigned,  be  length- 
ened to  three  hundred  and  fifty,  instead  of  three  hundred  miles  ; 
or  that,  to  avoid  the  additional  distance,  an  expense  equivalent  to 
it  may  be  encountered.    They  moreover  take  the  quantity  to  be 


CANAL  LAWS,  Stc. 


1812.    excavated,  at  twice  what  was  mentioned  in  their  first  report,  viz 
v  v  '  at  thirty  cubic  yards,  instead  of  fifteen,  and,  (to  embrace  the 

Quantity  of  1  x 

excavations,  various  contingencies  which  may  occur,)  assume  the  cost  of 
digging,  at  near  twenty  cents  per  cubic  yard,  instead  of  twelve 
and  an  half,  which  Mr.  Weston,  (who  founds  his  opinion  on 
experience  acquired  by  conducting  such  works,  in  this  country,) 
considers  as  amply  sufficient  for  common  cutting.  This  will  give 
$  ioo?K),Sper  ten  tnousand  dollars  for  every  mile  ;  a  smaller  sum  than  has  been 
mi!e-  expended  by  private  companies  in  the  United  States  on  some 

turnpike  roads ;  but  fully  sufficient,  it  is  believed,  to  cover  any 
expense  which  can  attend  that  part  of  the  business. 
Wholeexpense    Thus  the  cutting  of  the  canal  would  cost  three  millions  and 
of  catting  the  an  nalf.    A  descent,  by  double  locks,  of  eighty  or  ninety  feet, 

eanal  estimat-  '     J  .  &    J  J  ' 

at  3,500,000  and  the  consequent  ascent  to  regain  a  proper  level,  may  be  put, 
in  round  numbers,  at  half  a  million  more.  Together,  four  mil- 
lions. The  embankment  over  the  Cayuga  outlet,  with  the  need- 
ful culverts,  may  cost  three  or  four  hundred  thousand,  but  say- 
half  a  million,  and  set  the  excavation  at  the  Tonnewanta  at 
three  hundred  thousand;  the  aqueduct  over  the  Genesee,  with 
many  smaller  aqueducts  and  culverts,  at  two  hundred  thousand  ; 
making  another  million:  to  which  one  more  may  be  added,  for 
works  at  Black  Rock  rapid,  a  basin  near  the  Hudson;  and 
those  contingencies  which  necessarily  attend  an  undertaking  of 
And  the  whole  such  magnitude  :  in  the  whole,  six  million  dollars.  The  com- 
SodoUars.     missioners  may  be  mistaken,  but  they  have  no  reason  to  believe 

it  will  cost  so  much. 
Has  the  state     They  hasten  to  the  examination  of  two  other  points.    Has  the 
sources"?  re    s*ate  sufficient  resources  ?  Ought  the  business  to  be  undertaken 
Oughtthework  now,  or  postponed  to  a  future  day?  On  the  resources  of  the 
me'nced  f COm  state  they  would  speak  with  caution,  did  the  sum  bear  an  impor- 
Considered,    tant  proportion  to  her  wealth.    But  it  is  almost  a  contradiction 
in  terms  to  suppose  that  an  expenditure  of  five  or  six  million,  in 
ten  or  a  dozen  years,  can  be  a  serious  consideration  to  a  million 
men,  enjoying  one  of  the  richest  soils  and  finest  climates  under 
heaven.    When,  in  addition  to  these  leading  facts,  it  is  consid- 
ered that  there  is  scarcely  a  spot  on  the  globe  which  possesses 
such  advantages  for  commerce,  and  that  the  number  of  inhabi- 
tants doubles  in  twenty  years ;  the  facility  of  encountering  the 
object  proposed  by  immediate  taxation,  is  one  of  those  evident 
propositions  which  argument  may  rather  obscure  than  elucidate. 
If  the  facility  of  bearing  such  a  trifling  weight  required  it.  proof 


CANAL  LAWS,  fee. 


the  most  lull  and  complete  might  be  lb  and  in  every  gazette.  1S12. 

It  will  not  be  pretended  that  the  national  revenue  (raised  by  in-v  v — 

direci  tax  on  the  consumption  of  less  than  six  million  of  souls) 
was  oppressive,  though  it  exceeded  twelve  millions  of  dollars. 
No  iQc  has  been  galled  by,  none  has  felt  that  burthen,  which 
amount  ,  (nevertheless)  to  two  dollars  a  head.  The  share  paid 
by  tli is-  state,  therefore,  supposing  our  average  consumption  to 
be  •  ame  as  that  of  our  neighbors,  is  two  million:  four  times 
what  would  be  required  to  make,  in  ten  or  a  dozen  years,  the  pro- 
jected canal.  Or  let  the  subject  be  examined  in  another  point  of 
view.  The  increase  of  wealth,  in  this  state  has  been  (and  for 
evident  reasons  must  be)  much  more  rapid  than  the  increase  of 
inhabitants.  The  value  of  property  is  at  least  quadrupled  in 
the  period  during  which  population  is  doubled.  The  present 
amount  of  property  has  been  estimated  at  five  hundred  million. 
Perhaps  it  is  more.  But  should  it  be  much  less,  time  will  soon 
bring  it  up  to,  and  immediately  push  it  beyond  that  sum,  which 
may  therefore  be  taken  as  the  standard.  Of  consequence  it  fol- 
lows, that  an  annual  tax  of  half  a  million  would  be  but  one  tenth 
per  cent,  on  the  value  of  real  and  personal  estate.  Take  the 
matter  again  in  another  point  of  view,  and,  admitting  that  the 
rich  pay  the  portion  of  tax  that  would  fall  on  the  poor  in  a  dis- 
tribution by  poll,  which  (let  the  tax  be  laid  as  it  may)  must  hap- 
pen, the  average  contribution  will  be  that  of  a  family  in  medium 
circumstances.  Wherefore,  as  a  population  of  one  million  em- 
braces two  hundred  thousand  families,  the  average  contribution, 
to  raise  a  revenue  of  five  hundred  thousand  dollars,  would  be 
five  dollars  for  two  families.  Half  of  that,  or  two  hundred  and 
fifty  cents,  is,  then,  the  sum  which  the  head  of  a  family  in  easy 
circumstances  would  be  called  on  to  pav,  if  money  were  raised 
by  direct  tix  to  carry  on  the  work.  In  that  case,  there  can  be 
no  doubt  that  a  wise  legislature  would  open  sources  from  which 
adequate  rev  enue  could  be  drawn,  not  only  without  injury,  but 
even  with  advantage  to  the  community.  But  of  this  there  is  no 
necessity.  The  credit  of  the  state  is  sufficient.  And  if  a  calcu- 
lation were  made  on  principles  of  compound  interest,  it  would 
appear  that  the  sum  to  be  expended,  with  interest,  until  the  canal 
shall  yield  sufficient  revenue,  will  not  exceed  what  that  income 
would  discharge  in  a  reasonable  time.  If  therefore  the  Legisla- 
ture say,  let  it  be  done — it  will  be  done. 

But  shall  they  say  so  now?  Shall  it  be  done  now,  or  shall  it 
be  postponed  to  a  future  day?    Those  who  wish  to  postpone  are 


80 


CANAL  LAWS,  fee; 


J812.  respectfully  asked,  whether  they  suppose  time  will  render  the 
^^^^  matter  easier  ?  Will  it  alter  the  shape  of  the  country?  Will  the 
land  to  be  used  for  the  caual  cost  less  when  it  shall  be  planted  as 
an  orchard,  tilled  as  a  garden,  or  covered  by  a  house,  than  in  its 
present  condition  ?  Will  timber  and  lime  be  cheaper  when  wood, 
now  worth  nothing,  shall  have  grown  dear  ?  Is  it  certain  that  the 
state  of  public  affairs  will  be  as  favorable  then  as  now  ?  Will 
not  a  fertile  imagination  invent  as  good  reasons  for  postponement 
then  as  now?  And  to  what  day  shall  it  be  postponed?  Must  it 
be  to  the  day  when  a  legislature  shall  have  that  patriotism  which 
the  idea  of  postponement  pre-supposes  the  present  legislature  to 
v  ant  ?  The  commissioners  reply  with  pain  to  arguments  which 
imply  insult.  Who  is  there  so  base  as  not  to  repel  the  charge  of 
selfishness?  What  man  so  cold  as  not  to  feel  the  dignified. desire 
of  immortalizing  his  name,  by  contributing  to  a  monument  of 
national  magnificence,  unequalled  by  any  thing  on  earth  ? 

A  state,  in  its  corporate  capacity,  is  an  invisible,  intellectual 
existence.  If  that  to  which  we  belong  could  be  reduced  to  per- 
sonal identification  ;  could  it  become  an  individual,  or  (that  be- 
ing impossible,)  could  we  suppose  an  individual  to  be  owner  of 
the  state,  what  should  we  think  of  his  understanding  did  he  he- 
sitate to  double  the  value  of  his  propert}-,  and  increase  his  reve- 
nue three-fold,  without  labor,  without  expense  !  Yet  such  is  the 
present  case,  unless  it  can  be  called  an  expense  to  run  in  debt 
for  an  object  which  will  pay  both  principal  and  interest  before 
the  debt  falls  due.  Or  suppose  this  individual  to  be  an  infant, 
would  his  guardians  do  their  duty  should  they  let  slip  the  golden 
opportunity  so  to  promote  the  interest  of  their  ward?  But  the 
Legislature  is  guardian  of  the  state. 

The  foregoing  reflections  lead  to  one  of  the  duties  enjoined  on 
the  commissioners.  They  wrere  directed  to  apply  to  the  pro- 
prietors of  land  through  which  the  canal  may  be  carried,  for 
cessions  to  the  people  of  this  state.  Such  applications  have 
been  made,  and  they  have  no  doubt  that  the  proprietors  will  con- 
tribute in  just  measure.  Some  grants  would  have  been  already 
made,  but  for  difficulties  in  the  form  originally  proposed,  and 
from  a  desire  that  they  should  be  proportionate  to  the  tracts  the 
grantors  respectively  hold, 
j  ,      The  commissioners  have  also  in  execution  of  the  duties  im- 

obtained!a}  °6  posed  by  the  act,  endeavored  to  ascertain  whether  loans  for  the 
object  of  it  can  be  obtained  on  the  credit  of  this  ,-tate.  Th^.v 


CANAL  LAWS,  fee. 


87 


find  that,  notwithstanding  the  scarcity  of  money  consequent  on  1812. 
the  war  which  has  so  long  raged  in  and  ravaged  Europe,  a  loan  v^~v-^/ 
of  five  millions  dollars  can  be  obtained,  there,  on  the  credit  of 
the  state,  for  a  term  of  ten  or  fifteen  years,  at  an  annual  interest 
of  six  per  cent. 

The  commissioners  have  enquired  the  terms  on  which  the  west-  Western  la- 
ern  inland  lock  navigation  company  will  surrender  their  rights,  vigation  Com- 
They  ask  one  hundred  and  ninety  thousand  dollars  for  the  shares  oooydc^wfrr 
held  by  them,  exclusive  of  three  hundred  and  fifty  shares  held the,r  r'sht3 
by  the  state.    This  being  thought  too  much,  they  were  urged  to 
confine  their  demand  within  such  moderate  bounds  as  might  be 
acceptable.    Copy  of  their  reply,  of  the  13th  February,  is  in 
the  paper  marked  No.  5,  hereunto  annexed. 

The  commissioners  have,  in  obedience  to  the  directions  of  the 
act,  sought  for.  and  will  employ  a  capable  engineer  as  soon  as  a  ^"^^^  be 
suitable  character  can  be  procured.  None  but  a  man  of  the  first 
talents,  tried  integrity,  and  approved  experience,  can  be  relied 
on  for  that  previous  investigation  which  is  indispensable.  In 
the  mean  time,  they  have  employed  surveyors  to  continue  their 
search  of  the  best  probable  route. 

It  was  not  within  the  circle  of  their  duty  to  ascertain  the  con- 

,  ,  P  .  .  .    Northern  ISa- 

vemences  presented  by  nature  for  an  internal  navigation  north- vigation. 
ward,  wherefore,  although  there  can  be  no  doubt  that  an  exami- 
nation of  the  country,  with  that  view,  might  be  useful,  they 
forbore  the  attempt.  In  that  quarter  lies  a  large  and  fertile  ter- 
ritory peculiarly  our  own.  Moreover,  it  will  be  seen  by  the  bill 
annexed  to  the  report  of  the  deputation  sent  to  Washington,  that 
a  communication,  by  means  of  a  canal,  between  Lake  Champlain 
and  Hudson's  river,  is  one  of  those  things  which  are  deemed  of 
national  importance.  It  would  certainly  tend  to  preserve  broth- 
erly affection  in  the  great  American  family ;  and  the  reciprocal 
advantages  which  it  would  procure  to  New-York  and  Vermont, 
would  strengthen  the  bands  of  our  union  with  the  eastern  states, 
so  conducive  to  our  mutual  prosperity. 

All  which  is  humbly  submitted, 

GOUV.  MORRIS, 

S.  V.  RENSSELAER. 

DE  WITT  CLINTON. 

SIMEON  DE  WITT, 

W.  NORTH, 

THOMAS  EDDY, 
Albany,  March.  I  SUV  ROB.  R.  LIVINGSTC^ 


CANAL  LAWS,  fcc. 


1812. 

^  DOCUMENTS 

Accompanying  t\\e  preceding  Hepovt  oV  the 
Commissioners. 


(  No.  I.  ) 

COPY  OF  THE  APPLICATION  MADE  TO  THE  CON- 
GRESS OF  THE  UNITED  STATES. 


To  the  honorable  the  Senate  and  House  of  Representatives  of  the 
United  States  in  Congress: 

The  undersigned,  Commissioners  of  the  State  of  New-York, 
Respectfully  represent : 

arld'the^ect  That  by  a  law,  of  which  they  have  taken  the  liberty  to  trans- 
stated.  mjt  an  exemplified  copy  to  the  President,  they  are,  among  other 
things,  directed  to  make  application  to  the  Congress  of  the 
United  States,  for  their  co-operation  and  aid  in  making  a  canal 
navigation  between  the  great  lakes  and  Hudson's  river:  which, 
in  the  opinion  of  the  legislature  of  New-York,  will  encourage 
agriculture,  promote  commerce  and  manufactures,  facilitate  a 
free  and  general  intercourse  between  different  parts  of  the  Uni- 
ted States,  tend  to  the  aggrandisement  and  prosperity  of  the 
country,  and  consolidate  and  strengthen  the  union. 

To  these  powerful  incentives,  we  feel  it  a  duty  to  add  our  con- 
viction, that,  in  a  fiscal  point  of  view,  this  object  is  not  unwor- 
thy of  public  regard,  seeing,  that  by  a  good  navigation  from  the 
lakes  to  the  ocean,  and  by  that  alone,  the  speedy  sale  of,  and 
payment  for  many  million  acres  of  the  public  lands,  can  be 
effected. 

We  might  add  other  considerations,  but  as  doubts  may,  in 
the  course  of  the  business,  arise,  and  explanations  be  required, 
we  have  deemed  it  advisable  to  depute  two  of  our  members, 
Messrs.  Morris  Gouverneur  Morris  and  De  Witt  Clinton,  to  be  the  bearers  of 
r>u?ed!  &c,nde"this  application  to  the  seat  of  government,  with  instructions  to 
enter,  from  time  to  time,  into  all  needful  expositions. 


CANAL  LAWS,  Uc. 


SO 


We  crave,  on  the  part  of  the  state  of  New-York,  the  credence     181 2. 
and  favorable  notice  of  their  representations.  WTv^^ 
Arid,  as  in  duty  bound,  shall  ever  pray,  kc, 

(  xNo.  II.  ) 

COPY  OF  THE  APPLICATION  MADE  TO  THE 
DIFFERENT  STATES  AND  TERRITORIES. 

Sir, 

By  a  law  of  the  state  of  New-York,  of  which  we  do  our- Powera  stated, 
selves  the  honor  to  enclose  to  your  Excellency  an  exemplified 
copy,  we  are  directed  to.  apply  to  the  Congress  of  the  United 
States,  or  to  the  Legislature  of  any  state  or  Territory,  to  co- 
operate and  aid  in  opening-  a  communication,  by  means  of  a  ca- 
nal navigation,  between  the  great  lakes  and  Hudson's  river. 

The  good  sense  of  the  state,  over  which  you,  sir,  preside,  The  benegts  t0 
will  readily  perceive  the  benefit  which  must  result  from  such  result, &c. 
navigation.  But  whatever  may  be  the  peculiar  advantages 
which  locality  may  give  to  particular  parts  of  the  United  States, 
we  feel  a  conviction,  that  the  general  advantage  to  the  whole 
nation  is  of  such  preponderating  influence,  as  to  render  the 
present  object  of  principal,  if  not  exclusive,  concern  to  the  na- 
tional legislature. 

The  state  of  New- York  is  not  ignorant  of  the  special  benefit 
which  she  might  secure  to  herself  by  holding  in  her  own  hands  the 
best  communication  between  the  territory  around  the  lakes,  and 
the  Atlantic  ocean,  neither  is  she  so  devoid  of  enterprise  or  re- 
source as  not  to  open  that  abundant  source  of  influence  and 
revenue. 

But  she  is  disposed  rather  to  grant,  than  withhold  accommo- 
dation, and  not  only  to  enter  into  every  reasonable  stipulation, 
but  to  give  the  aid  of  her  legislative  authority  to  those  measures 
which,  in  prosecution  of  the  business,  maybe  found  needful. 

There  arc  two  modes,  sir,  by  which  your  state  mav  contribute 

■         Z  J  J  .     Two  model  ia 

to  this  great  work  :  by  pecuniary  appropriations,  and  by  that  which  th.> 

influence  in  the  councils  of  the  union,  to  which  she  is  entitled,  tribute,  ic. 

The  former  mode  will  certainly  not  be  unacceptable.  Whether 

the  money  granted,  shall  be  in  the  form  of  a  gift  or  a  loan,  will, 

of  course,  depend  on  the  ulterior  consideration,  whether  the  Ca- 

'>  \2 


m  CANAL  LAWS,  &c. 

1812.    nal  is  forever  to  be  free,  or  whether,  being  made  at  the  expense 
W^-^>  of  New-York,  it  shall  be  subject  to  such  transit  duties  as,  from 
a  regard  to  her  special  interest  or  convenience,  she  may,  from 
time  to  time,  think  proper  to  impose.    In  the  former  case,  the 
bounty  of  your  state  will  be  patriotically  offered  and  frankly  re- 
Loans,         ceived.    Loans  may,  in  both  cases,  be  useful. 

.  .  But  what  appears  to  us  most  suitable  to  the  occasion,  and 

1  heir  inferpo-  1  A 

sition  with  Con-  which,  therefore,  we  most  earnestly  solicit,  is,  the  exercise  of  your 
gress,  request  influence  in  the  public  councils  of  our  country,  to  provide 
for  the  whole  expense  of  this  canal;  which,  to  use  the  pertinent 
expressions  of  the  law  under  which  we  act,  will  encourage  agri- 
culture, promote  commerce  and  manufactures,  facilitate  a  free 
and  general  intercourse  between  different  parts  of  the  United 
States,  tend  to  the  aggrandizement  and  prosperity  of  the  coun- 
try, and  consolidate  and  strengthen  the  union. 

We  take  the  liberty  to  request  that  your  excellency  will  have 
the  goodness  to  communicate  this  application  to  the  legislature 
of  your  state,  and  give  it  that  aid  which  it  may,  in  your  opinion, 
deserve. 

With  perfect  respect, 

We  have  the  honor  to  be,  &Cr 


(  No.  3.  ) 

COPY  OF  A  LETTER  TO  THE  PRESIDENT  OF  THE 
'UNITED  STATES, 


Sir, 

The  enclosed  exemplification  of  a  statute,  passed  the  eighth 
Powers  stated.  ^  jast  ^pr^  wjjj  snow  tnat  we  are  empowered  to  make  applica- 
tion, on  behalf  of  the  state  of  New- York,  to  the  Congress  of  the 
United  States,  on  the  subject  of  a  canal  between  the  great  lakes 
and  Hudson's  river. 

An  object  of  such  general  concern,  seems  to  be  within  the 
Snceoftheob-  scope  of  that  information  which  is  to  be  communicated  to  the 
ject,  &c.       National  Legislature  by  the  President  of  the  United  States, 
and,  therefore,  we  deem  it  our  duty  to  place  it  in  your  hands. 
Wre  do  not  assign  reasons  in  its  support,  because  they  will 


CANAL  LAWS,  be. 


not  escape  your  penetration;  neither  do  we  solicit  your  patron-  1812. 

age,  because  we  rely  on  your  patriotism.    It  is  submitted  to  your v  Y — 

consideration  in  the  most  simple  form,  and  we  have  charged 
two  of  our  members,  Gouverneur  Morris  and  De  Witt  Clinton, 
to  give  you,  sir,  in  presenting  this  letter,  the  personal  assurance 
of  that  respect,  with  which 

We  have  the  honor  to  be, 

Your  most  obed't  serv'ts. 


(  No.  4.  ) 

REPORT 


OF  THE   COMMISSIONERS  APPOINTED  TO  ATTEND  AT  THE  6EAT  OF 
THE  GENERAL  GOVERNMENT. 


Your  committee,  appointed  to  attend  at  the  seat  of  the  general 
government,  for  the  purpose  of  forwarding  the  memorial  re- 
specting  the  projected  Canal,  beg  leave  to 

REPORT: 

That  they  proceeded  to  the  seat  of  the  general  government,  procecd. 
by  the  way  of  Lancaster,  where  they  took  measures  to  obtain  ^lni^  PeansyN 
the  concurrence  of  the  legislature  of  Pennsylvania. 

On  the  twenty-first  of  December,  they  waited  on  the  President 
of  the  United  States,  and  found  him,  although  he  expressed  president"  " 
himself  tc  be  an  enthusiast  as  to  the  advantage  of  interior  navi- 
gation, by  means  of  canals,  embarrassed  by  scruples  derived 
from  his  interpretation  of  the  constitution.  At  the  close  of  their 
visit,  however,  he  was  in  a  better  disposition,  which  is  evidenced 
by  his  message  to  Congress,  of  the  twenty-third  of  December, 
copy  whereof  is  annexed. 

On  the  twenty-fourth  they  attended  at  the  Treasury  office  and  An(l  onttie 
found  the  Secretary  desirous  of  performing  this,  and  other  works  SCjJJ* 
of  a  similar  nature,  conformably  to  the  plan  which  he  had  re- 
ported at  the  precedent  session. 

He  was  of  opinion  that,  under  present  circumstances,  pecuniary 
aid  would  not  be  given;  but  that  sufficient  grants  of  land  might 


02 


CANAL  LAWS,  &c. 


1812.     be  now  made  without  inconvenience  to  the  fiscal  concerns  of  the 

^™ v  j  union.    And  these  grants  be  afterwards  redeemed  by  cash,  when 

the  treasury  should  be  in  a  more  prosperous  condition. 
e  Your  committee  found  an  idea  prevailing  with  some,  and  zeal- 

Suggestion  as  . 

to  banks,  roads  ously  inculcated  on  others,  that  it  would  be  wise  so  to  amend  the 

and  canals.  .  ,  .      .        ,  . 

constitution,  as  expressly  to  authorise  the  general  government 
to  incorporate  banks  and  make  roads  and  canals  without  consent 
of  the  states. 

This  suggestion  arose,  they  believe,  from  a  desire  to  resusci- 
tate the  national  bank;  it  being  presumable  that  gentlemen  who 
had  declared  the  old  charter  to  have  been  unconstitutional,  could 
not  be  prevailed  on  to  grant  a  new  one.  It  appeared,  therefore, 
to  your  committee,  that  the  proposed  amendment  being  intended 
to  get  clear  of  difficulty  respecting  the  bank ;  other  objects 
were  introduced  rather  as  a  convenient  cover  than  as  needful 
concomitants. 

Whatever  may  be  the  case  with  respect  to  banks,  the  proposed 
amendment,  so  far  as  regards  roads  and  canals,  appeared  to  your 
committee  worse  than  useless ;  because  the  power  to  apply  na- 
tional treasure  to  such  objects,  with  consent  of  the  respective 
states,  is  unquestionable,  and  so  far  as  relates  to  roads,  has  been 
sanctioned  by  frequent  usage.  On  the  subject  of  banks  and 
roads,  nevertheless,  they  did  not  find  themselves  called  on  to  ex- 
press their  sentiments,  but  felt  it  a  duty  to  declare,  on  all  proper 
occasions,  a  decided  opinion  that  the  states  would  not  consent  to 
vest  in  the  national  government  a  power  to  cut  up  their  territory, 
for  the  purpose  of  digging  canals. 

Your  committee  found  another  idea  operating  with  baleful  ef- 
Jealousies  of  feet,  though  seldom  and  cautiously  expressed.    The  population 
Wew"York' &c*  and  resources  of  the  state  of  New-York,  furnish  no  pleasant  re- 
flections to  men,  whose  minds  are  imbued  with  state  jealousy ; 
and  although  the  proposed  canal  must  not  only  be  of  the  highest 
importance  to  the  western  states,  as  well  as  to  the  states  of  Penn- 
sylvania and  Maryland,  and  greatly  promote  the  prosperity  of 
the  whole  union,  it  was  obvious  that  an  opinion  of  its  superior 
benefit  to  this  state  was  sedulously  inculcated.  An  opinion  which 
there  is  reason  to  fear,  will  have  but  too  much  influence  in  every 
consideration  of  this  subject. 
A  deby  of  16     Although  the  President's  message,  above  mentioned,  together 
with  the  petition  of  the  board  of  commissioners,  was  immediately 
referred  to  a  lnrire  committee  ;  it  was  not  until  after  a  lapse  of 


(ANAL  LAWS,  fcc.  93 

sixteen  days,  (viz.  on  the  eighth  of  January)  that  your  commit-  1812. 
tee  was  summoned  to  attend.  *v 

Marks  of  reluctance  were  perceptible,  but  in  the  close  of  the 
conference,  a  disposition  to  consider  the  subject  more  fully  and 
inore  favorably  prevailed  ;  still,  however,  it  was  evident  that  the 
object  of  this  state  would  not  be  separately  attended  to. 

Your  committee  were  desired  to  prepare  a  general  system;  and  A  system  pro 
they  had  already  learned  in  the  course  of  their  conversations purcJ' 
with  individuals,  that  unless  something  was  done  for  many  of 
the  states,  the  consent  of  a  majority  of  the  House  of  Representa- 
tives could  not  be  obtained. 

After  the  meeting  just  mentioned,  your  committee  proceeded 
to  the  Treasury  oflice,  conferred  with  the  Secretary,  and  con- 
formably to  his  ideas,  fixed  on  a  tract  of  land,  to  be  appropriated 
to  the  objects  in  contemplation.  In  the  evening  of  the  tenth, 
they  again  met  the  committee  of  Congress,  and  submitted  to 
their  consideration  the  draft  of  a  bill,  embracing  the  principal 
objects  contained  in  the  Secretary's  report,  already  referred  to, 
of  which  bill  a  copy  is  annexed. 

On  the  fifteenth  of  January,  the  committee  of  Congress  dc-  Committee  of 
termincd  to  report  in  favor  of  canals,  and  appointed  a  sub-corn-  ^report 
mittee  to  prepare  that  report.    Thus  the  main  difficulties  seemed  J."  ttfj„vour  01 
to  be  surmounted,  and  there  was  good  ground  to  believe  that,  if 
the  report  should  be  brought  speedity  before  the  House  of  Re- 
presentatives, the  assent  of  a  majority  would  be  obtained.  But 
the  sub-committee,  for  reasons  which,  though  unknown,  are  pre- 
sumed to  have  been  weighty,  dalayed  the  report,  notwithstand- 
ing the  solicitations  of  One  of  your  committee,  who  remained 
until  the  twenty-sixth,  in  the  hope  of  being  able  to  prevail  on 
them  to  accelerate  their  movements,  and  not  to  adopt  every 
amendment  which  might  be  proposed,  in  order  to  conciliate  the 
opinion  of  the  proposer;  a  dangerous  course  which  frequently  Delayed  II 
loads  a  reasonable  system  with  so  much  objectionable  matter  as  ijJs' 
finally  to  sink  it.    Moreover,  it  was  feared  that  the  object  might 
be  lost  by  delay ;  for  there  might  be  some  who,  though  they 
would  not  hazard  reputation  by  voting  against  it,  would  gladly 
avail  themselves  of  pretexts  to  postpone  a  decision  till  the  session 
should  be  brought  to  a  close. 

Your  committee  have  learnt,  by  letters  from  Washington,  that  Thecommit- 

,  .  •     m         tec  or  coqgreu 

trie  report  of  the  sub-committee,  after  being  canvassed  in  the  etayi  thtir 

general  committee,  received  but  four  out  of  thirteen  votes,  and°p"ll0,r> 


CANAL  LAWS,  fcc. 


1812.    that  another  sub-committee  was  thereupon  appointed,  to  state 

*     ^  j  tjje  reasons  why  ^  is  thought  improper  for  congress  to  act  upon 

the  subject  of  canals  this  session.  Your  committee  will  not  at- 
tempt to  imagine  the  motives  for  so  great  a  change  of  conduct, 
if  not  of  sentiment,  in  the  gentlemen  who  composed  the  general 
committee.  The  board  will  judge  on  the  face  of  facts  above 
stated. 

Question  as  The  importance  of  the  object  to  the  United  States,  is  too 
^^^e^f  manifest  to  admit  of  question,  and  the  offer  of  New  York  too  fair 
to  admit  of  cavil.  The  reason  assigned  for  withholding,  not 
only  an  immediate  advance,  but  even  an  eventual  appropriation, 
viz  :  That  the  resources  of  the  country  may  be  required  to  sup- 
port a  war,  although  more  plausible  than  solid,  may  be  admitted 
as  sufficient  with  many  well  meaning  men. 

But  this  reason  does  not  apply  to  a  conditional  grant  of  land, 
which  shall  not  take  effect  until  the  canal  shall  be  completed. 
Such  grant  will  not,  it  is  presumed,  be  expressly  denied,  and  the 
reasons  to  be  assigned  why  it  cannot  be  made  now,  will  speak 
for  themselves. 

i2r°e$e&c0n3  Your  committee  have  learnt  that  some  speak  slightly  of  the 
canal,  as  a  project  too  vast ;  while  others  are  so  weak  as  to  ques- 
tion the  ability  of  the  state  to  bear  the  expense,  as  if  an  expense  of 
five  or  even  ten  million  of  dollars,  payable  in  twenty  years,  would 
be  a  serious,  much  less  oppressive  effort  for  a  million  of  men. 
Others  again,  who  have  too  much  understanding  to  doubt  the 
resources  of  the  state,  and  too  much  prudence  to  expose  them- 
selves to  ridicule,  by  expressing  such  doubt — triumphantly  de- 
clare, that  her  legislature  has  not  the  spirit  and  intelligence  to 
draw  out  and  apply  her  resources  to  that  great  object. 

These  men  console  themselves  with  a  hope  that  the  envied  state 
of  New  York  will  continue  a  supplicant  for  the  favor  and  a  de- 
dependant  on  the  generosity  of  the  Union,  instead  of  making  a 
manly  and  dignified  appeal  to  her  own  power. 

It  remains  to  be  proved,  whether  they  judge  justly  who  judge 
so  meanly  of  our  councils. 

All  which  is  humbly  submitted. 


CANAL  LAWS,  be- 


95 


1812. 

MESSAGE  ' — 

To  the  Senate  and  House  of  Representatives  of  the  United  States. 

I  communicate  to  Congress,  copies  of  an  act  of  the  Legislature  The  President 
of  New  York,  relating  to  a  canal  from  the  great  lakes  to  Hud-  s0f  £;Vt°Snd 
son's  river.    In  making  the  communication,  1  consult  the  respect  *fS^p°™" 
due  to  that  state,  in  whose  behalf  the  commissioners  appointed 
by  the  act,  have  placed  it  in  my  hands  for  the  purpose. 

The  utility  of  canal  navigation  is  universally  admitted.  It  is 
not  less  certain,  that  scarcely  any  country  offers  more  extensive 
opportunities,  for  that  branch  of  improvements,  than  the  United 
States  ;  and  none,  perhaps,  inducements  equally  persuasive,  to 
make  the  most  of  them.  The  particular  undertaking  contem- 
plated by  the  state  of  New  York,  which  marks  an  honorable 
spirit  of  enterprise,  and  comprises  objects  of  national,  as  well  as 
more  limited  importance,  will  recall  the  attention  of  Congress  to 
the  signal  advantages  to  be  derived  to  the  United  States,  from  a 
general  system  of  internal  communication  and  conveyance  ;  and 
suggest  to  their  consideration  whatever  steps  may  be  proper  on 
their  part,  towards  its  introduction  and  accomplishment.  As 
some  of  those  advantages  have  an  intimate  connexion  with  ar- 
rangements and  exertions  for  the  general  security,  it  is  a  period 
calling  for  these  that  the  merits  of  such  a  system  will  be  seen  in 
the  strongest  lights. 

JAMES  MADISON 

Washington,  December  J3d,  1811. 


PROPOSED  BILL,  TO  BE  PASSED  BY  CONGRESS. 

Whereas  it  is  expedient  to  open  inland  navigation  as  soon  as  Preamble, 
circumstances  will  permit,  the  various  communications  which 
may  be  effected  by  the  rivers,  sounds,  bays  and  lakes  of  the 
United  States,  between  the  Northern  and  Southern,  the  Eastern 
and  Western  parts  of  their  territory,  and  especially  a  communi- 
cation along  the  sea  coast,  from  Boston  or  Barnstable  bay,  t" 
Naraganset  or  Buzzard's  bay,  from  Rariton  river  to  Chesapeake 
l>ay,  and  from  Chesapeake  bay  to  Albermarle  sound:  also,  d 


9G 


CANAL  LAWS,  &c, 


1812.    communication  from  lake  Champlain  to  Hudson's  river,  fraiH 

v      v  4  lake  Erie  to  Hudson's  river,  the  Susquehannah,  the  Muskingum 

and  the  Wabash,  from  lake  Michigan  to  the  Illinois,  from  the 
Susquehannah  to  the  Schuylkill  and  the  Delaware,  from  the 
Roanoke  above  its  great  falls  to  the  Chowan  or  Mehevrin,  from 
the  Tennessee  to  the  Tombigbee,  from  the  Cooper  river  and 
Black  river  to  the  Santee,  and  from  the  Savanna  to  the  Tennes- 
see ;  also,  to  construct  locks  around  the  falls  of  the  Ohio,  and  to 
meliorate  the  navigation  of  the  Potomac,  above  the  falls. 
Certain  lands    Be  it  therefore  enacted,  &-c.  That  the  lands,  hitherto  unappro- 

appropnated.  . 

priated,  in  the  Michigan  territory,  and  that  part  of  the  Indiana 
territory  lying  north  of  the  fortieth  degree  of  latitude,  be  and 
they  hereby  are  appropriated  to  the  said  several  objects,  and  to 
such  others  of  the  same  or  a  similar  kind,  as  the  wisdom  of  Con- 
gress may  hereafter  designate. 
1,000,000       H.  And  be  it  further  enacted,  That  one  million  acres  of  land, 

acres  to  belong  ¥  .         L         '   s  .  -iii 

to  Massachu-  part  oi  the  tracts  above  mentioned,  shall  vest  in  and  belong  to 
condi°!ons.rtain  state  °f  Massachusetts,  so  soon  as  a  canal  navigable  for 
vessels  drawing  six  feet  of  water,  shall  be  opened  between  the 
Boston  and  Naraganset  bays,  or  between  the  Barnstable  and 
Buzzard  bays,  on  condition  nevertheless,  that  no  tax,  toll  or 
impost  shall  be  levied  or  taken  for  the  passage  of  such  vessels  on 
the  same  canal,  other  than  what  may  be  needful  to  pay  the 
annual  expense  of  superintending  and  keeping  the  same  in  repair. 
50&.OOO  acres     HI.  And  he  it  further  enacted,  That  five  hundred  thousand 

to  New  Jersey.  . 

acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in 
and  belong  to  the  state  of  New  Jersey,  so  soon  as  a  canal,  navi- 
gable for  vessels  drawing  six  feet  water,  shall  be  opened  between 
the  Rariton  and  Delaware  rivers,  on  condition,  nevertheless,  that 
no  tax,  toll  or  impost  shall  be  levied  or  taken  for  the  passage 
of  such  vessels  on  the  same  canal,  other  than  what  may  be  needful 
to  pay  the  annual  expense  of  superintending  and  keeping  the 
same  in  repair. 

400,000  acres  IV.  And  be  it  further  enacted,  That  four  hundred  thousand 
to  Delaware.  acres  0f  fon^  part  of  the  tracts  above  mentioned,  shall  vest  in 
and  belong  to  the  state  of  Delaware,  so  soon  as  a  canal,  naviga- 
ble for  vessels  drawing  six  feet  water,  shall  be  opened  between 
the  Delaware  river  and  Chesapeake  bay,  on  condition,  neverthe- 
less, that  not  more  than  twenty  cents  per  ton  shall  be  levied  or 
taken  for  the  passage  of  vessels  on  the  same  canal 


CANAL  LAWS,  &c. 


07 


V.  And  be  it  further  enacted,  That  two  hundred  thousand  acres  1812. 

of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in  and  v  v  ' 

belong  to  the  state  of  Virginia,  so  soon  as  a  canal,  navigable  to  virgin?"63 
for  vessels  drawing  six  feet  water,  shall  be  opened  between 

the  Chesapeake  bay  and  Albermarle  sound,  on  condition,  never- 
theless, that  no  tax,  toll  or  impost  shall  be  levied  or  taken  for  the 
passage  of  such  vessels  on  the  same  canal,  other  than  what  may 
be  needful  to  pay  the  annual  expense  of  superintending  and 
keeping  the  same  in  repair. 

VI.  And  he  it  further  enacted.  That  four  hundred  thousand  4oo,ooo  acres 

J  to  New  York. 

acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in 

and  belong  to  the  state  of  New  York,  so  soon  as  a  canal,  naviga- 
ble for  flat  bottomed  boats  of  twenty  tons  burden,  shall  be  open- 
ed between  lake  Champlain  and  the  tide  waters  of  Hudson's  river, 
on  condition,  nevertheless,  that  no  tax,  toll  or  impost  shall  be 
levied  or  taken  for  the  passage  of  such  boats  on  the  same  canal, 
other  than  what  may  be  needful  to  pay  the  annual  expense  of 
superintending  and  keeping  the  same  in  repair. 

VII.  And  be  it  further  enacted,  That  four  millions  of  acres  of  4,ooo,ooo 
land,  part  of  the  tracts  above  mentioned,  shall  vest  in  and  belong  New- York?  l° 
to  the  said  state  of  New-York,  so  soon  as  a  canal  shall  be  opened 

from  lake  Erie  to  Hudson's  river,  not  less  than  sixty-three  feet 
wide  on  the  top,  forty-five  feet  wide  at  the  bottom,  and  five  feet 
deep,  (and,  if  practicable,  along  an  inclined  plane,  descending 
not  more  than  six  inches  in  a  mile,)  to  Hudson's  river,  or  a  basin 
within  four  miles  thereof;  on  condition,  nevertheless,  that  no  tax, 
toll  or  impost  shall  be  levied  or  taken  for  the  passage  of  boats 
not  exceeding  sixty  feet  long,  eighteen  feet  wide,  or  drawing 
more  than  three  feet  of  water  on  the  same  canal,  other  than  such 
as  may  be  needful  to  pay  the  annual  expense  of  superintending 
and  keeping  the  same  in  repair. 

VIII.  And  be  it  further  enacted,  That  one  hundred  thousand  loo.OOOacret 
acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in,  J°a>  Penn,,lTm' 
and  belong  to  the  state  of  Pennsylvania,  so  soon  as  a  canal, 
navigable  for  boats  often  tons,  shall  be  opened  between  the  lake 

Erie  and  the  Susquehannah  river. 

IX.  And  be  it  further  enacted,  That  one  hundred  thousand  2JO.000  «er*s 

•  to  Ohio. 

acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in, 
and  belong  to  the  state  of  Ohio,  so  soon  as  a  canal,  navigable 
for  boats  often  tons,  shall  be  opened  between  the  lake  Erie  and 
the  Muskingum  ;  and  that  one  hundred  thousand  acres  uf  land, 

13 


CANAL  LAWS,  Lc. 


1812.  also  part  of  the  tracts  above  mentioned,  shall  vest  in,  and  belong' 
to  the  said  state  of  Ohio,  so  soon  as  a  canal,  navigable  for  boats 
of  ten  tons,  shall  be  opened  from  the  lake  Erie  to  the  Wabash  ; 
on  condition,  nevertheless,  that  no  tax,  toll  or  impost  shall  be 
levied  or  taken  for  the  passage  of  such  boats  on  the  said  canals, 
or  either  of  them,  other  than  what  may  be  needful  to  pay  the 
annual  expense  of  superintending  and  keeping  them  in  repair  re- 
spectively. 

100,000 acres     X.  And  be  it  further  enacted,  That  one  hundred  thousand 

also  to  New-  r  *  <*  ti 

York.  acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in, 

and  belong  to  the  state  of  New-York,  so  soon  as  a  canal,  naviga- 
ble for  boats  of  ten  tons,  shall  be  opened  from  the  lake  Michigan 
to  the  Illinois  river ;  on  condition,  nevertheless,  that  no  tax,  toll 
or  impost,  shall  be  levied  or  taken- for  the  passage  of  such  boats 
on  the  same  canal,  other  than  what  may  be  needful  to  pay  the 
annual  expense  of  superintending  and  keeping  the  same  in  re- 
pair. 

sdo,ooo acres     XI.  And  he  it  further  enacted,  That  eight  hundred  thousand 
a?a. PennS>  lva"  acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vest  in, 
and  belong  to  the  state  of  Pennsylvania,  so  soon  as  a  canal,  navi- 
gable for  boats  of  ten  tons,  shall  be  opened  from  the  Susquehan- 
nah  to  the  Schuylkill,  and  from  the  Schuykill  to  the  Delaware. 

3.0*0,000  acres  XII.  And  be  it  further  enacted.  That  three  hundred  thousand 
N.  Carolina.  acres  0f  ]and,  part  Gf  the  tracts  above  mentioned,  shall  vest  in, 
and  belong  to  the  state  of  North-Carolina,  so  soon  as  a  canal, 
navigable  for  boats  of  ten  tons,  shall  be  opened  from  above  the 
great  falls  of  the  Roanoke  river,  to  the  Chowan  or  Mehevrin 
rivers ;  on  condition,  nevertheless,  that  no  tax,  toll,  or  impost, 
shall  be  levied  or  taken  for  the  passage  of  such  boats  on  the 
same  canal,  other  than  what  may  be  needful  to  pay  the  annual 
expense  of  superintending  and  keeping  the  same  in  repair. 

200,000  acres     XIII.  And  be  it  further  enacted,  That  two  hundred  thousand 
twicnncsee.  acres  0f  land,  part  of  the  tracts  above  mentioned,  shall  vest  in, 
and  belong  to  the  state  of  Tennesee,  so  soon  as  a  canal,  naviga- 
ble for  boats  of  ten  tons,  shall  be  opened  from  the  Tennesee  river 
to  the  Tombigbee  river. 

200,000  acres     XIV.  And  be  it  further  enacted,  That  two  hundred  thousand 
>.  Carolina •  aCres  0f land,  part  of  the  tracts  above  mentioned,  shall  vest  in, 
and  belong  to  the  state  of  South-Carolina,  so  soon  as  a  canal, 
navigable  for  boats  of  ten  tons,  shall  be  opened  from  the  Cooper 
river  and  the  Black  river  to  the  Santee. 


CANAL  LAWS,  fee. 


XV.  And  be  it  further  enacted,  That  one  million  acres  of  land,  1812. 

part  of  the  tract  s  above  mentioned,  shall  vest  in,  and  belong  to  v  v  ' 

the  state  of  Georgia,  so  soon  as  a  canal,  navigable  for  boats  of  1,000,000  a- 
ten  tons,  shall  be  opened  from  the  Tennesee  to  the  Savannah  sia. 

river  ;  on  condition,  nevertheless,  that  no  tax,  toll  or  impost, 
shall  be  levied  or  taken  for  the  passage  of  such  boats  in  the  same 
canal,  other  than  what  may  be  needful  to  pay  the  annual  expense 
of  superintending  and  keeping  the  same  in  repair. 

XVI.  And  be  it  further  enacted,  That  three  hundred  thousand  300,000  acr/? 
acres  of  land,  part  of  the  tracts  above  mentioned,  shall  vesting*0  tu<**' 
and  belong  to  the  state  of  Kentucky,  so  soon  as  proper  locks 

shall  be  constructed  to  take  round  the  falls  of  the  Ohio,  vessels  of 
tons  ;  on  condition,  nevertheless,  that  no  tax,  toll  or  im- 
post shall  be  levied  or  taken  for  such  vessels  passing  through  the 
faid  locks,  other  than  what  may  be  needful  to  pay  the  annual 
expense  of  superintending  and  keeping  the  same  in  repair. 

XVII.  And  be  it  further  enacted,  That  two  hundred  thousand  200,000  acr<* 
acres  of  land,  part  of  the  tracts  abov  e  mentioned,  shall  be,  and  the  company!0"1*^ 
same  are  hereby  granted  to  the  company  incorporated  by  the 

states  of  Maryland  and  Virginia,  for  improving  the  navigation  of 
the  Potomac,  to  be  applied  by  the  said  company  in  ameliorating 
the  said  navigation. 

XVIII.  And  be  it  further  enacted,  That  none  of  the  said  land  Land  not  to 
shall  be  sold  or  disposed  of  for  a  price  less  than  two  dollars  per  acre ;  than0' $2 r  per 
neither  shall  any  settlement  be  made  thereon  until  the  Indian  title  acre* 

shall  be  regularly  and  fairly  extinguished.  But  the  said  several 
tracts  may  be  severally  and  respectively  pledged  as  a  security  for 
loans,  the  amount  whereof,  shall  be  employed  for  the  purposes 
respectively  designated. 

XIX.  And  be  it  further  enacted,  That  the  public  faith  be,  and   Public  faitfc 
the  same  hereby  is  pledged  for  the  redemption  of  the  capital  P,edSed,*<;» 
of  loans  made  equivalent  to  the  lands,  (at  the  rate  of  two  dollars 

per  acre,)  granted  in  the  second,  third,  fourth,  fifth,  sixth, 
seventh,  ninth,  tenth,  twelfth,  fifteenth  and  sixteenth  sections  of 
this  statute,  at  the  end  of  twenty  years  from  the  period  when  such 
several  loans  shall  have  been  made.  Provided,  that  the  monej  pr0Vjm 
borrowed,  shall  have  been  justly  applied  to  the  objects  respec- 
tively specified,  and  that  the  tracts  so  granted,  shall  be  respec- 
tively retroceded  to  the  United  States.  It  is,  nevertheless,  to  be 
understood,  and  is  hereby  declared  and  enacted,  that  if  the  state, 
to  which  any  such  cession  is  hereby  made,  shall,  within  ten  yettrsj 


CANAL  LAWS,  &c. 


1812.    declare  the  intention  to  accept  the  grant  of  land  finally,  and  re- 
— v—- '  linquish  the  pledge  of  public  faith  hereby  given,  such  grant  shall 
be  final,  and  the  pledge  of  faith  shall  be  void. 

prfsiden?         XX'  And  be  lt  further  enacted,  That  the  President  of  the  U. 

S.  for  the  time  being,  shall,  on  due  application  to  him  made,  de- 
signate, from  time  to  time,  by  metes  and  bounds,  the  several 
tracts  contemplated  by  the  provisions  of  this  statute,  and  which 
are  not  herein  designated  ;  and  the  acceptance  of  any  state  of  any 
grant,  shall  be  considered  as  an  agreement  to  the  condition 
which  is  hereby  annexed  to  such  grant. 
4,500,000  a-    XXI.  And  be  it  further  enacted,  That  a  tract  containing  four 

York, &c.NeW "million,  five  hundred  thousand  acres,  in  a  parallelogram,  extend- 
ing from  east  to  west5  across  the  north  end  of  the  Indiana  territory, 
shall  be,  and  hereby  is  appropriated  to  the  conditional  grants 
herein  before  made  to  the  state  of  New-York,  which  parallelo- 
gram shall  be  divided,  hy  meridian  lines,  into  three  several  tracts, 
of  which  the  eastern  tract,  containing  four  hundred  thousand 
acres,  shall  apply  to  the  object  specified  in  the  sixth  section :  the 
middle  tract,  containing  four  million  acres,  shall  apply  to  the  ob- 
ject specified  in  the  seventh  section  ;  and  the  western  tract,  con- 
taining one  hundred  thousand  acres,  shall  apply  to  the  object 
specified  in  the  tenth  section  of  this  statute. 


(  No.  5.  ) 

COPY  OF  A  LETTER  OF  13tk  FEBRUARY,  1812, 

FROM  ROBERT  BOWNE, 

To  the  committee  appointed  to  confer  with  the  Western  Inland 
Lock  Navigation  Company. 

New  York,  2d  Mo.  13th,  1812. 

Respected  Friends, 
Tarms  pro-  Your  letter,  of  the  24th  of  August,  has  been  duly  consid- 

^•fxJShx-  ered  by  the  board  of  directors  of  the  Western  Inland  Lock 
NavifJSn     Navigation  Company  ;  and  they  have  directed  me  to  say,  that 
Company,      tney  cannot,  in  justice  to  the  stockholders,  deviate  from  the  terms 
before  communicated  to  the  commissioners.    The  company  was 
originally  formed  in  consequence  of  an  act  of  incorporation,  not 


CANAL  LAWS,  fee. 


'.,:'M 

1U1 


asked  for  by  themselves.  The  legislature  conceived,  very  justly,  1813. 
that  it  would  promote  the  general  interest  of  the  state,  if  an  v  v  ' 
improvement  should  be  made  in  the  Mohawk  river,  and  encour- 
aged the  citizens  to  unite  in  the  undertaking.  It  may  very 
truly  be  observed,  that  most  of  the  stockholders  subscribed  more 
from  patriotic,  than  from  pecuniary  motives,  and  the  result  has 
been,  that  the  state  has  been  greatly  benefited,  and  the  stock- 
holders have  received  no  advantage. 

The  monies  expended,  amount  to  near  450,000  dollars,  and 
less  than  half  that  sum  is  now  only  demanded.  This  sacrifice  is 
made  on  account  of  the  sincere  desire  the  directors  feel  in  pro- 
moting a  further  and  more  extensive  improvement  of  the  Western 
Inland  Navigation,  and  they  presume  the  commissioners  will  be 
satisfied  that  their  present  demand  is  just  and  reasonable. 
I  am,  with  due  respect,  yours,  &c. 

ROB  :  BOWNE,  Prea't. 

To  De  Witt  Clinton  and  } 
It.  Fulton,  Esquires.  5 

Thereupon, 

Ordered,  That  five  thousand  copies  of  the  said  report  be 
printed,  in  pamphlet  form,  and  delivered  to  the  members  of  the 
legislature,  in  equal  portions,  in  order  that  the  same  may  be  gra- 
tuitously distributed  and  promulgated. 


IX. 

In  Senate,  February  10,  1813. 
On  motion  of  Mr.  Root,  Mr  Roofs 

The  Senate  then  took  up  the  consideration  of  the  joint  reso-  Commiwoaen 
lution,  laid  on  the  table  by  Mr.  Root  yesterday,  which  being  JgjJJf  **** 
read,  is  in  the  following  words,  to  wit : 

Resolved,  (if  the  honorable  the  assembly  concur  herein)  That 
the  commissioners  appointed  in  and  by  the  act,  entitled  "  an  act 
to  provide  for  the  improvement  of  the  internal  navigation  of  the 
state,"  passed  the  8th  day  of  April,  1811,  be,  and  they  are  here- 
by directed  to  report  to  the  legislature  without  delay,  what  pro- 
gress they  have  made  in  execution  of  the  powers  given  them 
by  the  act  "  further  to  provide  for  the  improvement  of  the  internal 


im 


CANAL  LAWS,  &<:. 


1814.    navigation  of  this  state,"  passed  June  19th,  1812,  and  especially 

— v  '  by  the  third  section  of  said  act. 

Debates  were  had  thereon,  and  Mr.  President  put  the  ques- 
tion, whether  the  Senate  would  agree  thereto,  and  it  passed  in 
the  negative. 

The  yeas  and  nays  being  called  for  by  Mr.  Root,  seconded  by 
Mr.  Haight,  were  as  follows,  to  wit: 

For  the  Negative. 

Mr.  Atwater,  Mr.  Piatt, 

Mr.  Hall,  Mr.  Radcliff, 

Mr.  Humphreys,  Mr.  Smith, 

Mr.  Jones,  Mr.  Swift, 

Mr.  Paris,  Mr.  Van  Buren, 

Mr.  Phelps,  Mr.  Yates,  12. 

For  the  Affirmative. 

Mr.  Arnold,  Mr.  Haight, 

Mr.  Bloodgood,  Mr.  Root, 

Mr.  Carll,  Mr.  Tayler, 

Mr.  Clarke,  Mr.  Wendell, 

Mr.  Hagar,  9. 


X. 

In  Assembly,  March  8,  1814. 

The  Commissioners  appointed  in  and  by  an  act  of  the  Legisla- 
ture of  the  State  of  New-York,  to  provide  for  the  internal  im- 
provement of  the  State, 

Reported — 

That  in  compliance  with  their  official  duty,  having  made  the 
They  have  fullest  enquiries  and  investigations  in  their  power,  they  have  ap- 
qSnesand  ap- Pomte(l  an  engineer  to  trace  out  the  course,  and  estimate  the  ex- 
gineerd&c  E"  Pense  °^ tne  ProPose(l  canal ;  as,  also,  to  superintend  such  por- 
tion of  the  whole  line  as  may  be  approved  of  by  the  legislature. 
He  would  probably  have  arrived  before  the  present  hour,  had 
impediments  to  an  intercourse  with  Great  Britain  been  removed. 

They  sought  a  proper  character  in  that  country,  preferably  to 
any  other,  because  from  its  extensive  interior  communication  by 


CANAL  LAWS,  fcc. 


10  J 


canals,  railways,  and  other  expedients,  they  expect  that  a  more  in-  1S14. 

timate  knowledge  of  useful  facts  can  be  obtained  there  than  else-  v  v  ' 

where  ;  and  because  an  Englishman  speaking  the  same  language, 
and  habituated  to  the  same  usages  and  manners,  will  more  easily 
acquire  information  among  us,  and  be  less  liable  to  imposition. 

On  the  arrival  of  the  engineer,  the  commissioners  will  immedi-  Engin«et, 

.  whenhearrivr  s 

ately  direct  such  surveys  to  be  made  as  may  be  necessary,  in  OJ?>  will  commence 
der  to  ascertain  the  exact  line  of  the  canal  from  lake  Erie  to  the thc  iurvf}  3,&c* 
Hudson ;  and  when  this  work  is  completed,  the  estimates  of  the 
engineer  shall,  as  soon  as  possible,  be  laid  before  the  legislature, 
who  will  then  be  able  to  form  such  a  decision  as  will  best  pro- 
mote the  prosperity  of  the  state. 

The  commissioners  have,  in  the  mean  time,  caused  further  in-  Examinations 

,111  111  very  «tialacto- 

vestigations  to  be  made,  and  would  not  have  suspended  the  sur-ry,&c. 
\>  \  s,  as  they  did,  during  the  last  summer,  but  for  military  ope- 
rations which  are  not  favourable  to  internal  improvement.  They 
have,  however,  the  satisfaction  to  state,  that  every  examination 
tends  to  show,  not  only  the  practicability,  but  the  facility  of  this 
enterprise  ;  so  far  as  the  term  facility  can  reasonably  be  applied 
to  a  work  of  such  magnitude.  They  add  with  much  pleasure, 
that  it  will  not  be  difficult  to  extend  this  communication  to  the 
fertile  vales  watered  by  the  Susquehannah  and  its  wide  spreading 
branches.  Hence,  they  presume,  that  the  public  spirit  which 
lias  always  characterized  Pennsylvania,  will,  at  a  proper  time, 
induce  her  to  co-operate.  It  may,  indeed,  be  objected,  that,  to 
facilitate  the  intercourse  of  a  commercial  rival,  may  be  of  more 
comparative  loss,  than  positive  advantage.  But  far  be  such 
jealousies  from  the  councils  of  New-York.  Marked  by  naftnre 
for  greatness,  and  strong  in  the  consciousness  of  intrinsic  strength, 
she  will  always  feel  that  nobleness  of  soul,  which  rather  accelerates 
than  retards  her  neighbour's  prosperity. 

The  commissioners  cannot  leave  this  branch  of  the  subject,    Canal  from 
without  stepping  a  little  out  of  the  road  in  which  they  ought  jjjj 
strictly  to  walk,  for  the  purpose  of  expression;  their  belief,  that  Huds01'- 
the  communication  long  since  contemplated,  between  Lake  Cham- 
plain  and  Hudson's  river,  may  easily  be  eliected  ;  and,  thus,  an- 
other of  those  great  avenues  be  opened,  which  Providence  has 
so  well  prepared,  that  little  more  is  left  for  the  state,  than  merely 
to  will  the  possession  of  wealth  and  power, 

The  commissioners  have,  also,  conformably  to  the  powers  con-  Crantsofland 
ferredon  them,  applied  for  and  obtained  qrants  of  land,  a  sched-  obtailird'  **• 


104 


CANAL  LAWS,  &c. 


1814.     ule  whereof  is  annexed  to  this  report.    It  would  be  improper  not 

v— ^  '  to  acknowledge  the  liberality  of  the  grantors  ;  but  it  would  be 

doing  injustice  to  their  intelligence,  should  it  be  doubted,  that  a 
prudent  regard  to  their  own  interest  had  its  proper  share  in  their 
determinations.  The  clear-sighted  perception  of  mankind,  re- 
specting matters  which  affect  their  property,  opened  to  their  view 
the  benefits  which  they  must  derive  from  this  extensive  inland 
communication.  They,  as  a  part,  see  and  feel  what  the  state,  as 
a  whole,  must  acquire  by  it ;  and  the  solidity  of  their  opinion  is 
the  less  to  be  questioned,  as  the  light,  in  coming  to  their  mental 
vision,  has  neither  been  intercepted  by  the  opacity  of  dull  con- 
ception, nor  refracted  by  passing  through  media  of  misrepre- 
sentation. 

The  value  of  these  lands  will  increase  by  every  year  of  ap- 
proaching settlement,  and  every  avenue  of  amended  access, 
whether  by  improving  old  roads  or  making  new  ones.  We  may, 
therefore,  safely  calculate,  that  in  the  course  of  twenty  or  thirty 
years,  the  proceeds  of  these  lands  will  reimburse  to  the  state  no  small 
portion  of  the  expense  it  may  incur  by  completing  the  whole  line 
of  the  proposed  canal ;  and  here  we  must  remind  gentlemen,  of 
what  has  frequently  occurred  to  their  own  reflection,  that  altho' 
twenty  or  thirty  years  be  a  large  portion  of  individual  existence, 
they  form  but  a  short  period  of  national  duration. 
Loan,  Ac.  The  commissioners  have  also  performed  the  duty  of  attempt- 
ing a  loan  in  Europe,  conformably  to  the  terms  and  within  the 
limits  prescribed.  They  have  reason  to  believe,  that  their  efforts 
would  have  been  crowned  with  success,  had  not  the  declaration 
of  war  been  nearly  simultaneous  with  the  grant  of  authority  to 
make  a  loan.  The  attempt  having  failed,  no  farther  measures 
have  been  adopted  in  relation  to  this  object. 
Objections  commissioners  having  thus  rapidly  recited  facts  which  it 

still  made,&c.  js  ^eir  jU|y  t0  communicate,  would  be  wanting  to  the  public  in- 
terest, did  they  not  notice  attempts  to  excite  opposition  to  the 
work  committed  to  their  charge.  They  have  examined  in  their 
preceding  reports  the  reasons  advanced  by  its  opposers,  and 
would  endeavour  to  answer  other  reasons,  if  any  such  they  could 
hear  of.  In  the  face  of  incontrovertible  facts,  the  supposed  su- 
periority of  what  is  called  the  natural  communication,  by  Lake 
Ontario,  has  been  strongly  insisted  on,  and  of  late  the  prodigious 
advantage  of  carrying  on  the  internal  trade  of  America,  through 
seaports  of  the  St.  Lawrence,  was  ostentatiously  displayed  to 


CANAL  LAWS,  &c. 


105 


prove,  that  a  canal  through  the  Western  District  of  New-York  1814, 
is  an  idle  project.  *  v 

These  gentlemen  could  not  indeed  deny,  that  there  is  some     They  ara 

°  •        i      •     i  v  considered. 

risk  in  navigating  the  Lake,  and  some  difficulty  in  descending 
the  river ;  but  neither  the  risk  nor  the  difficulty,  nor  both  com- 
bined, are  considered  as  serious  obstacles.  To  men  of  such  san- 
guine temper,  it  is  useless  to ''observe,  that  this  communication 
would  be  much  more  expensive  than  the  one  contemplated,  and 
that  it  is  closed  from  November  to  May  by  the  rigid  laws  of  na- 
ture ;  but  what  are  the  laws  of  nature  to  gentlemen  enamoured 
with  their  own  conceptions.  Disdaining  to  consider  the  actual 
state  of  things,  whenever  map-makers  trace  a  stream,  they  find 
a  military  and  commercial  highway.  Should  there  be  a  want 
of  water,  it  is  supplied  by  their  depth  of  intellect ;  should  the 
surface  be  covered  with  ice,  it  is  thawed  by  their  warmth  of  ima- 
gination. To  contend  with  such  men  is  no  easy  task,  for  they 
make  facts  as  they  go  along,  and  reasons  the}'  disclaim  ;  insisting, 
that  whatsoever  they  think  proper  to  approve  of  is  sublime ;  whatso- 
ever they  think  proper  to  dislike  is  absurd.  From  these  decrees, 
pronounced  with  an  air  of  censorial  gravity  and  the  contemptuous 
smile  of  superior  intelligence,  they  admit  of  no  appeal.  Far  from 
imitating  them,  the  commissioners  will  not  have  the  hardihood  to 
question  their  sagacity,  neither  will  they,  after  industriously  ap- 
plying the  share  of  common  sense  allotted  to  them  by  Divine 
Goodness,  to  the  object  of  their  appointment,  pretend,  even  on  that 
subject,  to  vie  with  gentlemen,  whose  privilege  it  is  to  understand, 
and  whose  prerogative  to  decide,  according  to  the  inverse  propor- 
tion of  their  knowledge.  With  all  due  deference,  nevertheless,  to 
such  ethereal  minds,  they  are  constrained  by  stubborn  habit,  to 
adhere  to  the  opinion  of  intelligent  professional  men.  And  here 
the  commissioners  beg  leave  to  remark,  that  they  are  much  mis- 
understood, when  it  is  supposed  that  they  recommend,  exclusive- 
ly, a  canal  descending  according  to  the  level  of  the  country,  like 
an  inclined  plane.  On  the  contrary,  their  project  embraces  the 
system  of  locks  as  well  as  the  other,  and  their  opinion  is,  that  tho 
operation  must  be  regulated  by  the  nature  of  the  country,  tak- 
ing into  view  the  diminution  of  expense  and  the  shortening  of 
distance.  And  they  beg  leave  to  call  to  the  recollection  of  the 
legislature,  the  decided  opinion  of  Mr.  William  Weston,  one  of 
the  most  eminent  civil  engineers  in  Europe,  who  was  formerly 
employed  by  the  Inland  Lock  Navigation  Company  of  this  state. 

14 


106 


CANAL  LAWS,  fcc. 


1814.  and  who  is  perfectly  acquainted  with  the  country.  In  a  letter 
s*^^*^'  to  one  of  the  commissioners,  he  says  :  "  Should  your  noble  but  stu- 
ojrinior^  eSt°n  & pendous  plan  of  uniting  Lake  Erie  with  the  Hudson,  be  carried  into 
effect,  you  have  to  fear  no  rivalry.  The  commerce  of  the  im- 
mense extent  of  country,  bordering  on  the  upper  lakes,  is  your's 
forever,  and  to  such  an  incalculable  amount  as  would  baffle  all 
conjecture  to  conceive.  Its  execution  would  confer  immortal 
honor  on  the  projectors  and  supporters,  and  would  in  its  eventu- 
al consequences,  render  New-York  the  greatest  commercial  em- 
porium in  the  world,  with  perhaps  the  exception,  at  some  distant 
day,  of  New-Orleans,  or  some  other  depot  at  the  mouth  of  the 
majestic  Mississippi.  From  your  perspicuous  topographical  de- 
scription, and  neat  plan  and  profile  of  the  route  of  the  contem- 
plated canal,  I  entertain  little  doubt  of  the  practicability  of  the 
measure.  Perhaps  this  is  the  only  question  which  the  legisla- 
ture should  be  particularly  anxious  to  have  resolved.  The  ex- 
pense, be  it  what  it  may,  is  no  object  when  compared  with  the  in- 
calculable benefits  arising  therefrom,  though,  doubtless,  it  will 
deserve  attention,  that  the  money  granted  liberally  be  wisely  and 
economically  expended."    All  which  is  humbly  submitted. 

GOUV.  MORRIS, 
S.  VAN  RENSSELAER, 
DE  WITT  CLINTON, 
SIMEON  DE  WITT, 
PETER  B.  PORTER, 
THOMAS  EDDY, 
ROBERT  FULTON. 

SCHEDULE, 

Schedule  of    Of  cessions  of  lands  agreed  to  be  made  to  the  people  of  this 

cessions    of  _  .        .  „  . 

lauds,  &c.      state,  as  a  free  gift  for  promoting  the  execution  of  canal  naviga- 
tion from  Lake  Erie  to  the  Hudson  : 

Paul  Busti,  Esq.  agent  for  the  Holland  Company,  in  Acres. 

behalf  of  said  company,  100,632 

Le  Roy,  Bayard  and  M'Evers,  2,500 

John  Greig,  Esq.  in  behalf  of  Governor  Hornby,  3,500 
Robert  Troup,  Esq.  agent  for  the  heirs  of  Sir 
William  Poulteney,  will  make  a  large  grant  in  ^ 
behalf  of  the'  heirs-,  as  scon  as  his  powers  as 


CANAL  LAWS,  &Ci 


10? 


agent  of  that  estate,  which  have  ceased  by  thk  1814. 

death  of  his  constituent,  shall  be  renewed.  <^*v^w 

And  the  commissioners  have  reason  to  expect  considerable 
grants  from  other  sources. 

As  soon  as  the  deeds  making*  those  cessions  are  perfected,  co- 
pies will  be  transmitted  to  the  legislature. 

[It  is  worthy  of  remark,  that  the  principal  Engineers,  employed  on  the  Erie  and  Charn- 
p'ain  Canals,  have  been  throughout  the  whole  period  which  has  been  occupied  in  the  con- 
struction of  those  works,  Native  Citizen?,  with  the  unimportant  exceptions  of  one  French 
and  one  Irish  gentleman,  who  were  each  employed  one  year  in  making  tome  preliminary 
examinations.] 

-■*•#•*«" 

In  Senate,  January  27,  1814. 

Mr.  Root  asked  for  leave  to  bring  in  a  bill,  entitled  "  an  act  Mr.  Root's  mo- 
to  repeal  the  third,  fourth  and  fihh  sections  of  the  act,  entitled,  f^pealbgfcS 
"  an  act  further  to  provide  for  the  improvement  of  the  internal 
navigation  of  this  state." 

Leave  being  given, 

Mr.  Root  brought  in  the  said  bill,  which  was  read  the  first 
time,  and  by  unanimous  consent,  was  also  read  a  second  time, 
and  committed  to  a  committee  of  the  whole. 


In  Senate,  January  28,  1814. 
The  Senate  then  resolved  itself  into  a  committee  of  the  whole  „ 

Proceedings  on 

on  the  bill,  entitled  "  an  act  to  repeal  the  third,  fourth  and  filth  Repealing  Act. 
sections  of  the  act,  entitled  "  an  act  further  to  provide  for  the 
improvement  of  the  internal  navigation  of  this  state,"  and  after 
some  time  spent  thereon,  Mr.  President  resumed  the  chair,  and 
Mr.  Bloodgood,  from  the  said  committee,  reported,  that  the 
committee  had  gone  through  the  said  bill,  added  a  proviso,  and 
agreed  to  the  same,  which  he  was  directed  to  report  to  the  Sen- 
ate, and  he  read  the  report  in  his  place,  and  delivered  the  same 
in  at  the  table,  where  it  was  again  read,  and  agreed  to  by  the 
Senate. 

Ordered,  That  the  bill  be  engrossed. 


In  Senate,  January  29,  1814. 
The  said  engrossed  bill,  entitled  u  an  act  to  repeal  the  third,  rInai  m*^, 
fourth  and  fifth  sections  of  the  act,  entitled  "  an  act  further  toof,htfBiiL 


CANAL  LAWS,  kc. 


1814.  provide  lor  the  improvement  of  the  internal  navigation  of  this 
— vf — "f  state,"  was  read  the  third  time. 

Resolved,  That  the  bill  do  pass. 


In  Assembly,  March  24,  1814. 
The  house  then  resolved  itself  into  a  committee  of  the  whole 

Act  to  repeal 

certain  section?  on  the  engrossed  bill,  from  the  honorable  the  Senate,  en- 
June,ei8i2.  °  titled  "  an  act  to  repeal  the  third,  fourth  and  fifth  sections  of  the 
act,  entitled  "  an  act  further  to  provide  for  the  improvement  of  the 
internal  navigation  of  this  state"  and  after  some  time  spent 
thereon,  Mr.  Speaker  resumed  the  chair,  and  Mr.  Young,  from 
the  said  committee,  reported,  that  in  proceeding  on  the  said  bill, 
the  enacting  clause  thereof  was  read,  and  is  in  the  words  follow- 
ing, to  wit: 

"  BE  it  enacted  by  the  people  of  the  state  of  New-York,  re- 
"  presented  in  Senate  and  Assembly,  That  the  third,  fourth  and 
"  fifth  sections  of  the  act,  entitled  "  an  act  further  to  provide 
"  for  the  improvement  of  the  internal  navigation  of  this  state,' ' 
"  passed  June  nineteenth,  one  thousand  eight  hundred  and 
';  twelve,  be  and  the  same  are  hereby  repealed  :  Provided,  That 
"  nothing  herein  contained  shall  be  construed  to  affect  or  annul 
u  any  acts  of  the  said  commissioners,  done  in  pursuance  of  the 
"  said  sections  hereby  repealed." 
Mr  Williams'  That  Mr.  E.  Williams  made  a  motion,  that  the  committee 
moti  i  lost,  should  ag  ee  to  expunge  from  the  said  clause  the  words,  "  third, 
"fourth  and  fifth  sections  of  the,"  in  the  second  line  thereof. 

That  debates  were  had  on  the  said  motion,  and  the  question 
having  be  n  put,  whether  the  committee  would  agree  to  the  said 
motion,  it  passed  in  the  negative. 
Division.  That  the  yeas  and  nays  were  called  for  by  Mr.  Van  Orden, 

seconded  by  Mr.  Hull,  and  were  as  follows,  to  wit : 

For  the  Negative. 

Mr.  Allen,  Mr.  Lynch, 

Mr.  Bennett,  Mr.  Mallery, 

Mr.  Blackstone,  Mr.  Manny, 

Mr.  Bleecker,  Mr.  Mather, 

Mr.  Bouck.  Mr.  M'Call. 


CANAL  LAWS,  fctt 


i  09 


Mr.  Bowker, 

Mr.  M'NeiK 

Mr.  Bradley, 

Mr.  Mooney, 

Mr.  Br  ay  ton, 

Mr.  Mott. 

Mr.  Bronson, 

Mr.  Nasi), 

Mr.  Carrington, 

Mr.  Phelps, 

Mr.  Coles, 

Mr.  Satterlee, 

Mr.  Crafts, 

Mr.  Sill, 

Mr.  Deforeest, 

Mr.  M.  Smith, 

Mr.  W.  Dietz, 

Mr.  Southerland, 

Mr.  Douglass, 

Mr.  Speaker, 

Mr.  Duer, 

Mr.  J.  Thompson, 

Mr.  Fi'aser, 

Mr.  L.Thompson, 

Mr.  Ganson, 

Mr.  Vanfleet, 

Mr.  Gilbert, 

Mr.  Van  Ingen, 

Mr.  HackloY. 

Mr.  Van  Rensselaer, 

Mr.  Hammond, 

Mr.  Van  Vleck. 

Mr.  Hasbrouck, 

Mr.  Vrooman, 

ivir.  nun, 

Mr.  W  arner, 

Mr.  Jones, 

Mr.  White, 

Mr.  C.  King. 

Mr.  Wilco\. 

Mr.  Knox, 

Mr.  Winne, 

Mr.  Lott, 

Mr.  Zabriskie, 

For 

the  Affirmative. 

Mr.  Angle, 

Mr.  A.  Miller, 

Mr.  Avery, 

Mr.  G.  Miller, 

Mr.  Baker, 

Mr.  A.  Moore, 

Mr.  Barnum, 

Mr.  J.  Moore, 

Mr.  Bellinger, 

Mr.  Noyes, 

Mr.  Bevier, 

Mr.  I.  Ogden, 

Mr.  Carman, 

Mr.  Palmer, 

Mr.  Clark, 

Mr.  J.  Potter, 

Mr.  Cleland, 

Mr.  N.Potter, 

Mr.  Conklin, 

Mr.  Ransford, 

Mr.  Cruger, 

Mr.  Rockefeller. 

Mr.  Denuis, 

Mr.  Ross, 

Mr.  J.  Dietz. 

Mr.  Russell, 

Mr.  Doty, 

Mr.  Savage, 

Mr.  Gordon, 

Mr.  Sayre, 

Mr.  Hatfield. 

Mr.  J.  Smith. 

<  ANAL  LAWS,  &e* 


1814.  Mr.  Houghteling,  Mr.  Starbuck. 

s^v^W  Mr.  Hyde,  Mr.  Strong, 

Mr.  Kiersted,  Mr.  Van  Home. 

Mr.  E.  W.  King,  Mr.  Van  Orden, 

Mr.  Kissam,  Mr.  Webb, 

Mr.  Lester,  Mr.  E.  Williams,  44. 

Mr.  Van  Rens-    That  Mr.  Van  Rensselaer  made  a  motion,  that  the  committee 
carried. fnotI°n  should  agree  to  expunge  from  the  said  clause  all  that  part  thereof, 
beginning  with  the  word  "  third"  to  the  end  of  the  said  clause, 
for  the  purpose  of  receiving  in  lieu  thereof,  the  following  substi- 
tute, to  wit : 

M  Powers  granted  to  the  commissioners  by  the  third,  fourth 
"  and  fifth  sections  of  the  act,  entitled,  "  an  act  further  to  pro- 
"  vide  for  the  improvement  of  the  internal*  navigation  of  this 
"  state,"  passed  June  nineteenth,  one  thousand  eight  hundred 
"  and  twelve,  be  suspended  till  one  year  after  the  termination  of 
"  the  present  war :  Provided,  That  nothing  herein  contained 
"  shall  be  construed  to  affect  or  impair  any  act  already  done,  or 
"  contract  made,  by  the  said  commissioners  under  the  said  sec- 
"  tions." 

That  debates  were  had  on  the  said  motion,  and  the  question 
having  been  put,  whether  the  committee  would  agree  thereto,  it 
was  carried  in  the  affirmative. 
Division.  That  the  yeas  and  nays  were  called  for  by  Mr.  Hatfield  „ 

seconded  by  Mr.  Hull,  and  were  as  follows,  to  wit : 


For  the  Affirmative. 


Mr.  Allen, 

Mr.  Lynch. 

Mr.  Bennett, 

Mr.  Mallery. 

Mr.  Blackstone. 

Mr.  Manny. 

Mr.  Bleecker. 

Mr,  Mather. 

Mr.  Bowker, 

Mr.  M'Call. 

Mr.  Brayton, 

Mr.  M'NeiK 

Mr.  Bronson, 

Mr.  Mooney. 

Mr.  Carrington. 

Mr.  Mott, 

Mr.  Coles, 

Mr.  Nash, 

Mr.  Crafts, 

Mr.  Satterlee, 

Mr.  DeforeeM. 

Mr.  Sill, 

Mr.  Dennis, 

Mr.  M.  Smith, 

Mr.  J.  Dietz, 

Mr.  Southerland. 

CANAL  LAWS,  &c/ 


ill 


Mr.  Douglass, 

Mr. 

Speaker, 

Mr.  Duer, 

Mr. 

J.  Thompson, 

Mr.  Fraser, 

Mi. 

L.  Thompson, 

Mr.  Ganson, 

Mr. 

Van  Alen, 

Mr.  Gilbert, 

Mr. 

Vanfleet, 

Mr.  Hammond, 

Mr.  Van  Rensselaer. 

Mr.  Hasbrouck, 

Mr. 

Van  Vleck, 

Mr.  Hull, 

Mr. 

W  arner, 

Mr.  Jones, 

Mr. 

Wilcox, 

Mr.  Kiersted, 

Mr. 

Winne, 

Mr.  C.  King, 

Mr. 

Zabriskie. 

Mr.  Knox, 

For  the  Negative. 


Mr.  Angle, 

Mr.  A.  Moore, 

Mr.  Avery, 

Mr.  J.  Moore, 

Mr.  Baker, 

Mr.  Noves, 

Mr.  Barnum, 

Mr.  I.  Ogden. 

Mr.  Bellinger. 

Mr.  Palmer, 

Mr.  Bevies 

Mr.  Phelps, 

Mr.  Bouck, 

• 

Mr.  J.  Potter, 

Mr.  Carman. 

Mr.  N.  Potter, 

Mr.  Clark, 

Mr.  Ptansford. 

Mr.  Cleland, 

Mr.  Ross, 

Mr.  Conklin, 

Mr.  Russell. 

Mr.  Cruger, 

Mr.  Savage. 

Mr.  W.  Dietz. 

Mr.  Say  re. 

Mr.  Doty, 

Mr.  J.  Smith. 

Mr.  Gordon, 

Mr.  Starkweather. 

Mr.  Hackley, 

Mr.  Starbuck, 

Mr.  Hatfield, 

Mr.  Strong, 

Mr.  Houghteling, 

Mr.  Van  Hornr. 

Mr.  Hyde, 

Mr.  Van  Ingen, 

Mr.  E.  W.  King, 

Mr.  Van  Orden, 

Mr.  Lester, 

Mr.  Vrooman. 

Mr.  Lott, 

Mr.  Webb, 

Mr.  A.  Miller, 

Mr.  E.  Williams 

Mr.  G.  Miller, 

Mr.  Young  further  reported  progress,  and  asked  for  and  ob- 
tained leave  to  sit  again. 


112 


CANAL  LAWS,  &c. 


1814.  In  Assembly,  April  13,  1814. 

^ouse  then  again  resolved  itself  into  a  committee  of  the 
seiaer's  motion  whole  house,  on  the  bill,  entitled  "  an  act  for  the  payment  of  cer- 
Tost^  a  claUSC  tain  officers  of  government,  and  for  other  purposes,11  and  after 
some  time  spent  thereon.  Mr.  Speaker  resumed  the  chair,  and 
Mr.  Lynch,  from  the  said  committee,  reported,  that  in  proceed- 
ing on  the  said  bill,  Mr.  Van  Rensselaer  made  a  motion,  that 
the  committee  should  agree  to  add  a  clause  thereto,  which  was 
read,  and  is  in  the  words  following,  to  wit  : 

And  whereas,  it  appears  from  a  report  of  the  commissioners 
constituted  by  the  act  to  provide  for  the  improvement  of  the  in- 
ternal navigation  of  this  state,  that  they  have  employed  an  engi- 
neer for  the  purposes  contemplated  by  their  appointment,  which 
will  require  an  appropriation  of  money  :  Therefore, 

Be  it  further  enacted,  That  it  shall  and  may  be  lawful  for  the 
Treasurer  of  this  state,  on  the  warrant  of  the  Comptroller,  to  pay 
to  the  order  of  the  said  commissioners,  a  sum  not  exceeding  fif- 
teen thousand  dollars,  to  be  drawn  for  by  them  when  wanted  for 
the  execution  of  the  trust  confided  in  them. 

That  debates  were  had  thereon,  and  the  question  having  been 
put,  whether  the  committee  would  agree  thereto,  it  passed  in  the 
negative. 

That  the  yeas  and  nays  were  called  for  by  Mr.  Ross,  seconded 

Division.         ,     , ,     ,r  ,  „ 

by  Mr.  Young,  and  were  as  follows,  to  wit : 

For  the  Negative. 


Mr. 

Angle, 

Mr. 

G.  Miller, 

Mr. 

Barker. 

Mr. 

J.  Moore, 

Mr. 

Barnum, 

Mr. 

Noyes, 

Mr. 

Bellinger, 

Mr. 

Palmer, 

Mr. 

Bevier, 

Mr. 

Phelps, 

Mr. 

Blackstone. 

Mr. 

J.  Potter, 

Mr. 

Bouck, 

Mr. 

N.  Potter, 

Mr. 

Bowker, 

Mr. 

Rockefeller. 

Mr. 

Bradley, 

Mr. 

Ross, 

Mr. 

Carman. 

Mr. 

Savage, 

Mr. 

Clark, 

Mr. 

Sayre, 

Mr. 

Cleland, 

Mr. 

J.  Smith, 

Mr. 

Conklin. 

Mr. 

Starkweather. 

Mr. 

Dennis. 

Mr. 

Starbuck. 

CANAL  LAWS.  fcfc. 


Mr.  W.  Diet/, 

Mr.  Strong, 

Mr.  Doty, 

Mr.  L.  Thompson 

Mr.  Dunning) 

Mr.  Van  Alen, 

Mr.  Gordon, 

Mr.  Van  Home, 

Mr.  Hackley, 

Mr.  Van  Ingen, 

Mr.  Hatfield, 

Mr.  Van  Orden, 

Mr.  Houghtcling, 

Mr.  Vrooman, 

Mr.  Hyde, 

Mr.  Warner, 

Mr.  Kiersted, 

Mr.  Webb, 

Mr.  E.  W.  King. 

Mr.  White, 

Mr.  Lott, 

Mr.  E.  Williams, 

Mr.  Manny, 

Mr.  Young, 

Mr.  A.  Miller. 

For  the  Affirmative, 


Mr.  Bleecker, 

Mr.  M'Neil, 

Mr.  Brayton, 

Mr.  Mooney, 

Mr.  Coles, 

Mr.  Morris, 

Mr.  Crafts 

Mr.  Mott, 

Mr.  J.  Dietz, 

Mr.  Nash, 

Mr.  Gilbert, 

Mr.  Satterlee, 

Mr.  Griffin, 

Mr.  Southerland, 

Mr.  Hammond, 

Mr.  Speaker, 

Mr.  Jones, 

Mr.  Van  Dyck, 

Mr.  C.  King, 

Mr.  Van  Rensselaer, 

Mr.  Mallery, 

Mr.  Wilcox, 

Mr.  Van  Home  made  a  motion,  that  the  committee  should  Mr.  \  ■ 
agree  to  add  a  clause  to  the  said  bill,  which  was  read,  and  is  in  tion  to  add  a 
the  words  following,  to  wit :  cIause  carried 

And  be  it  further  enacted ',  That  the  third,  fourth  and  fifth  sec- 
tions of  the  act,  entitled  "  an  act  further  to  provide  for  the  inter- 
nal navigation  of  this  state,"  passed  June  nineteenth,  one  thou- 
sand eight  hundred  and  twelve,  be  and  the  same  are  hereby  re- 
pealed :  Provided,  That  nothing  herein  contained  shall  be  con- 
strued to  affect  or  annul  any  acts  of  the  said  commissioners,  done 
in  pursuance  of  the  said  sections  hereby  repealed. 

That  the  question  having  been  put,  whether  the  committee 
would  agree  to  the  said  motion,  it  was  carried  in  the  affirmative- 

15 


114 


CANAL  LAWS,  &e. 


^hatthe  yeas  and  nays  were  called  for  by  Mr.  M'Neil,  second 
1814.    e(|  by  Mr.  Coles,  and  were  as  follows,  to  wit : 


For  the  Affirmative. 


iur.  Angle, 

lvir.  o .  itiuuic. 

iur.  ivverv, 

i\ir.  i\oyes, 

Mr.  Barnum, 

Mr.  1  aimer, 

Mr.  rSeliinger, 

Mr.  Jrneips, 

Mr.  Bevier, 

Mr.  J.  rotter, 

Mr.  Bouck, 

ivir.  i\.  Jr  otter, 

i?ir.  v^arman, 

ivir.  riocKeieiier. 

iur.  L/iark, 

Mr.  rvoss, 

Mr.  Cleland, 

Mr.  Kussell, 

Mr.  Conkhn, 

Mr.  Savage, 

Mr.  JJenms, 

Mr.  oayre, 

Mr.  W.  JJietz, 

Mr.  J.  bmitn, 

Mr.  Jjoty, 

Mr.  31.  omitn, 

Mr.  Dunning1, 

Mr.  Starbuck, 

Mr.  Hackley, 

Mr.  Strong, 

Mr.  Hatfield, 

Mr.  J.  Thompson, 

Mr.  Houghteling, 

Mr.  Van  Alen, 

Mr.  Hyde, 

Mr.  Van  Home, 

Mr.  Kiersted, 

Mr.  Warner, 

Mr.  E.  W.  King, 

Mr.  Webb, 

Mr.  Lester, 

Mr.  E.  Willfeftis, 

Mr.  A.  Miller, 

Mr.  Young, 

Mr.  Q.  Miller, 

For  the  Negative* 


Mr.  Blackstone, 

Mr.  Knox, 

Mr.  Bleecker, 

Mr.  Manny, 

Mr.  Bowker, 

Mr.  M'Neil, 

Mr.  Brayton, 

Mr.  Mooney, 

Mr.  Bronson, 

Mr.  Morris, 

Mr.  Coles, 

Mr.  Mott, 

Mr.  Crafts, 

Mr.  Nash, 

Mr.  J.  Dietz, 

Mr.  Satterlee, 

Mr.  Duer, 

Mr.  Speaker, 

Gitfferf, 

Mr.  Va(oflee«, 

CANAL  LAWS,  fcc, 


115 


Mr.  Hammond,  Mr.  Van  Ingen,  1814, 

Mr.  Hull,  Mr.  Van  Rensselaer, 

Mr.  Jones,  Mr.  Wilcox, 
Mr.  C.  King,  27 


In  Senate,  April  15,  1814. 
In  the  further  proceeding  on  the  said  bill,  the  forty-third   Repealing  _ 

•         j*  «  •    ♦  i  clause  carriec 

enacting  clause  thereof  was  again  read,  and  is  m  the  words  fol- 
lowing, to  wit  : 

And  be  it  further  enacted,  That  the  third,  fourth  and  fifth  sec-  .  Certain  sec- 
tions of  the  act,  entitled  "  an  act  further  to  provide  for  the  inter-  ^ repealra 
nal  navigation  of  this  state,"  passed  June  19th,  1812,  be  and  the 
same  are  hereby  repealed :  Provided,  That  nothing  herein  con-  Proriso. 
tained,  shall  be  construed  to  affect  or  annul  any  acts  of  the  said 
commissioners,  done  in  pursuance  of  the  said  sections  hereby  rer 
pealed. 

That  debates  were  had  thereon,  and  the  question  having  been 
put,  whether  the  committee  would  agree  to  the  said  clause,  it  was 
carried  in  the  affirmative. 

That  the  yeas  arid  nays  being  called  for  by  Mr.  Lewis,  second-  DivUioa, 
ed  by  Mr.  Cochran,  were  as  follows,  to  wit : 
For  the  Affirmative, 
Mr.  Bloom  Mr.  Stranahan 

Mr.  Dayton  Mr.  Swift 

Mr.  Elmendorf  Mr.  Tabor 

Mr.  Hubbard  Mr.  Van  Buren 

Mr.  Jones  Mr.  Verbryck 

Mr.  Root  Mr.  Wilkin 

Mr.  Rouge  Mr.  Yates 

Mr.  Stewart  15 

For  the  Negative. 
Mr.  Atwater  Mr.  Radclifl' 

Mr.  Bishop  Mr.  Smith 

Mr.  Cochran  Mr  Townsend 

Mr.  Lewis  7 


Extract  from  the  act  of  April  15,  1814.-—  [Sess.  37.  ch.  200,  §43.]   Ccrta  n  .fr 
XLIIl.  And  be  it  further  enacted,  That  the  third,  fourth  and  repeal^ 
fifth  sections  of  the  act,  entitled  "  an  act  further  to  provide  for  the 


116 


CANAL  LAWS,  he. 


1816.    internal  navigation  of  this  state,"  passed  June  I9,1812,be,and  the 
'  same  are  hereby  repealed  :  Provided,  That  nothing  herein  con- 
tained shall  be  construed  to  affect  or  annul  any  acts  of  the  said 
commissioners,  done  in  pursuance  of  the  said  sections  hereby 
repealed. 

XL 

Extract  from  the  Governor's  speech,  delivered  at  the  opening  of 
the  session  in  1816. 

Governor       It  will  rest  with  the  legislature,  whether  the  prospect  of  con- 

Tompkinssub-         .        _  ~  .     ™    ,  .  ,\  „  . 

mits  the  subject  necting  the  waters  of  the  Hudson  with  those  of  the  western  lakes 
^a"io™ &™ v* and  of  Champlain,  is  not  sufficiently  important  to  demand  the 
appropriation  of  some  part  of  the  revenues  of  the  state  to  its 
accomplishment,  without  imposing  too  great  a  burthen  upon  our 
constituents.  The  first  route  being  an  object  common  with  the 
states^of  the  west,  we  may  rely  on  their  zealous  co-operation  in 
any  judicious  plan  that  can  perfect  the  water  communication  in 
that  direction.  As  it  relates  to  the  connecting  the  w  aters  of  the 
Hudson  with  those  of  Lake  Champlain,  we  may  with  equal  con- 
fidence count  on  the  spirited  exertions  of  the  patriotic  and  enter- 
prising state  of  Vermont. 


REPORT  OF  COMMISSIONERS. 

In  Assembly,  March  8,  1816. 
The  report  of  the  commissioners  appointed  in  and  by  "  an  act 
for  the  improvement  of  the  internal  navigation  of  the  state,"  was 
read,  and  is  in  the  words  following,  to  wit : 

To  the  honorable  the  Senate  and  Assembly  of  the  State  of 
New  York, 

GTeatBa v! a  ^urinS tne  *ate  war  was  imPracticable  to  carry  on  any  fur- 
remporary  ob-  ther  operations  to  forward  the  objects  of  their  appointment,  by 
pursuing  the  surveys  and  levels  heretofore  commenced,  with  a 
view  to  ascertain  the  most  desirable  route  for  the  proposed  canal 
from  Lake  Erie  to  the  tide  waters  of  the  Hudson  river.  Refer- 
ring therefore  to  their  former  reports  respecting  the  practicability 


CANAL  LAWS,  Lc. 


117 


Vif  effecting  this  important  object,  they  will  briefly  add,  that  their  181G. 
opinions  have  been  confirmed  by  reflection  and  additional  inqui- 
ries  on  the  subject ;  and  particularly  so  far  as  respects  the  cost, 
they  are  satisfied  that  it  will  not  exceed  the  calculation  they  have  al- 
ready submitted.  It  now  remains  for  the  legislature  to  provide  means  Engineer  re» 
to  enable  the  commissioners  to  engage  a  competent  professional 
engineer,  to  examine  minutely  the  whole  of  the  ground,  and 
decide  on  the  most  expedient  route.  Experience  in  similar  ope- 
rations in  Europe  has  shown,  that  an  error  in  regard  to  this,  may 
cause  the  useless  expenditure  of  vast  sums  of  money. 

The  surveys  and  levels  which  the  commissioners  have  caused  Surveys,  lev- 

J  els,  &.C 

to  be  taken,  will  have  anticipated  what  an  engineer  would  direct 
as  indispensably  preparatory  work,  and  will  put  information  into 
his  hands  which  will  enable  him  at  once  to  take  such  a  view  of 
the  field  of  operation  as  to  save  much  time  and  expense. 

These  preparatory  operations,  your  commissioners  therefore 
consider  as  essential  to  economy,  since  they  will,  with  but  little 
time  employed  in  traversing  the  ground,  by  the  person  to  whom 
the  work  will  be  entrusted,  enable  him  to  fix  on  the  precise  route, 
on  which  the  best  judgment,  with  the  best  information,  would 
finally  determine,  with  less  danger  of  error  than  if  he  were  left 
to  enter  on  his  business  an  entire  stranger  to  the  facilities  or 
difficulties  which  the  country  presents.  To  select  a  suitable  pei- 
son,  to  perform  this  most  important  part  of  the  work,  will  require 
the  utmost  caution  and  deliberation. 

The  same  causes  which  suspended  the  duties  of  the  commis-  An  American 
dinners  have  been  the  principal  obstacles  to  the  selection  and  ferred^to  Poae 
cmploymeat  of  a  capable  engineer.    There  are  few  persons  of lrom  Euit>Pc* 
this  description  in  Europe,  and  there  is  every  inducement  for 
preferring  our  own  countrymen  if  the  requisite  scientific  and 
practical  knowledge  can  be  found. 

From  the  number  and  respectability  of  the  applications  now 
before  the  legislature  in  favor  of  an  immediate  commencement 
and  vigorous  prosecution  of  this  great  national  work,  it  is  evident, 
that  the  immense  advantages  which  would  result  from  its  comple- 
tion are  duly  appreciated  by  our  fellow-citizens ;  and  it  only 
remains  for  the  legislature  to  sanction  by  their  approval  an 
undertaking  which  combines  in  one  object,  the  honor,  interest, 
and  political  eminence  of  the  state. 

In  a  time  of  peace  like  the  present,  the  commissioners  have  the 


IIS 


CANAL  LAWS,  &c. 


1816.  most  undoubted  assurance,  that  a  loan,  on  the  credit  of  the  stau  , . 
*  v  4  can  be  obtained  for  a  million  of  dollars,  with  which  to  commence 

A  million  loan  .  .  ,    ~  .  .  r  .  . 

can  be  obtain-  the  work,  and  lor  as  much  more  thereafter  as  may  be  required, 
at  a  rate  of  interest  at  or  under  six  per  cent.    Perhaps,  however, 
better  means  may  be  devised,  and  they  beg  leave  to  remind  the 
legislature,  that  the  lands  already  offered  to  them  by  private 
individuals,  near  whose  property  the  canal  will  pass,  are  very 
valuable,  and  that  further  similar  donations  may  be  reasonably 
expected.    If  it  should  be  judged  expedient  to  make  that  part 
of  the  canal  first,  which  is  best  calculated  to  yield  an  immediate 
and  most  profitable  return  for  the  expense,  the  commissioners  are 
Route  from  of  opinion,  that  the  route  from  Rome  to  the  Seneca  river  will  be 
ca  to  be  first  the  most  eligible  ;  and  would,  moreover,  have  the  most  immedi- 
reasons^ven!  ate  tendency  to  divert  the  trade  from  passing  down  the  Oswego 
river  to  lake  Ontario  and  Montreal :  to  permit  which,  would  be 
improvidently  to  abandon  to  a  foreign  and  rival  nation,  commer- 
cial advantages  which  ages  may  not  enable  us  to  reclaim.  The 
difficulty  of  diverting  the  fixed  currents  of  trade  is  obvious  and 
well  known,  and  the  importance  of  the  policy  of  directing  that 
of  the  western  section  of  the  state  to  the  Hudson  is  equally  evi- 
dent ;  and  the  commissioners  conceive,  that  the  present  moment, 
while  this  section  of  the  state  is  yet  comparatively  in  its  infancy, 
is  most  favorable  for  forming  and  establishing  such  connexions 
between  the  Lakes  and  our  Atlantic  waters,  as  will  effectually 
disappoint  the  views  of  our  rivals,  and  promote  the  honor  and 
advantage  of  the  state. 
Navigation      While  the  commissioners  cannot  express,  in  terms  sufficiently 
ch^pfainand  emPnat*c'  their  ideas  of  the  incalculable  benefits  which  will  arise 
the  Hudson,   from  a  canal  navigation  between  the  great  western  lakes  and  the 
tide  waters  of  the  Hudson,  they  fully  appreciate  the  advantages  of 
connecting  the  waters  of  Champlain  with  th^jffudson.    And  they 
most  respectfully  represent  to  the  legislature,  the  expedience  of 
adopting  such  preliminary  measures  as  may  be  necessary  for  the 
accomplishment  of  this  important  object. 
All  which  is  respectfully  submitted, 

S.  VAN  RENSSELAER, 
DE  WITT  CLINTON, 
SIMEON  DE  WITT, 
W.  NORTH, 
THOMAS  EDDY, 
P.  B.  PORTER, 
March,  1816.  CHARLES  D.  COOPER. 


CANAL  LAWS,  toe. 


J 19 


Ordered,  That  the  same  be  committed  to  the  joint  committee  1810. 
of  the  Senate  and  Assembly,  appointed  on  that  part  of  the 
speech,  of  his  Excellency  the  Governor,  which  relates  to  canals 
and  roads. 


XII. 

PETITIONS  PRESENTED  IN  RELATION  TO  THE 
ERIE  CANAL,  toe. 

In  Assembly,  February  21,  1816. 

The  memorial  of  Cadwallader  D.  Colden  and  others,  of  'Ncw-J^Jg 
York,  in  favor  of  and  praying  for  provisions  and  proceedings  by  and  others,  of 
the  legislature,  relative  to  a  canal  navigation  between  the  great  York, 
western  lakes  and  the  tide  waters  of  the  Hudson  river,  was  read 
-and  referred  to  the  joint  committee  of  the  Senate  and  Assembly 
on  that  part  of  the  speech,  of  his  Excellency  the  Governor, 
which  relates  to  canals  and  roads. 

Ordered,  That  the  usual  number  of  copies  of  the  said  memo- 
rial, be  printed  for  the  use  of  the  legislature. 

The  petitions  of  sundry  inhabitants  of  the  towns  of  Buffalo, .  From  Bug* 

r  J  Mo,  Seneca,  Ue- 

Seneca,  Geneva  and  Reading,  in  the  Western  District,  praying  nova  and  Rea- 
legislative  aid  and  provisions  in  relation  to  a  Grand  Canal  navi-  ,ne* 
gation  from  Lake  Erie  to  the  tide  waters  of  the  Hudson,  were 
read  and  referred  to  the  joint  committee  of  the  Senate  and  As- 
sembly on  that  part  of  the  speech,  of  his  Excellency  the  Governor, 
relative  to  canals  and  roads. 


In  Assembly,  February  26,  181G. 
The  petitions  of  sundry  inhabitants  of  Junius,  Geneva,  Lyons,  u/ro™Pncva 
Caledonia  and  Genoa,  praying  for  legislative  provision  for  the  Lyons, Caiedo- 
purpose  of  making  a  grand  canal  from  Lake  Erie  to  the  Hudson,  noa. 
were  read  and  referred  to  the  joint  committee  of  the  Senate  and 
Assembly,  appointed  on  that  part  of  the  speech,  of  his  Excellency 
the  Governor,  which  relates  to  canals  and  roads. 


In  Assembly,  February  28,  18 10. 
The  memorial  of  John  Lansing,  jun.  and  others,  of  Albany,  in  v?™ thc  c  '> 

r  r  ii/.  otAlbon). 

lavour  oi  a  grand  canal  from  Lake  Erie  to  Hudson  river,  was 
read  and  referred  to  the  joint  committee  of  thc  Senate  and  Assem- 


120  CANAL  LAWS,  fcc. 

1816.    bly  on  that  part  of  the  speech,  of  his  Excellency  the  Governor, 
relative  to  canals  and  roads. 


In  Assembly,  February  20,  1816. 
of  Albany  and       ne  memorials  of  sundry  inhabitants  of  the  city  of  Albany  and 
town  of  Lenox,  the  town  of  Lenox,  in  favor  of  a  grand  canal  from  Lake  Erie  to 
the  waters  of  the  Hudson,  were  read  and  referred  to  the  joint  com- 
mittee of  the  Senate  and  Assembly,  on  that  part  of  the  speech,  of 
his  Excellency  the  Governor,  relative  to  canals  and  roads. 


In  Assembly,  March  1,  1816. 
From  the  cor-  The  petition  of  the  mayor,  aldermen  and  commonalty  of  the 
^oration  o  .  ^  New- York,  in  favor  of  the  grand  canal  from  Lake  Erie  to 
the  waters  of  the  Hudson,  was  read  and  referred  to  the  joint'com- 
mittee  of  the  Senate  and  Assembly,  appointed  on  that  part  of  the 
speech,  of  his  Excellency  the  Governor,  relating  to  canals  and 
roads. 


In  Assembly,  March  9,  1816. 
From  Oneida    r-TW0  petitions  of  the  inhabitants  of  Oneida  county,  on  the  sub- 
county.        ject  0f  tne  proposed  canal  from  Lake  Erie  to  the  waters  of  the 
Hudson,  were  read  and  referred  to  the  joint  committee  of  the  Senr 
ate  and  Assembly,  appointed  on  that  part  of  the  speech,  of  his 
Excellency  the  Governor,  which'relates  to  canals  and  roads, 


In  Assembly,  March  11, 1816. 
From  Ulysses.  Two  several  memorials  of  the  town  of  Ulysses,  in  the  county 
of  Seneca,  and  the  county  of  Genesee,  on  the  subject  of  the  grand 
western  canal,  were  read  and  referred  to  the  joint  committee  of  the 
Senate  and  Assembly,  appointed  on  that  part  of  the  speech,  of  his 
Excellency  the  Governor,  which  relates  to  canals  and  roads. 


From  the  vil- 
lage (now  city) 
of  Troy% 


In  Assembly,  March  12,  1816. 
The  memorial  of  the  citizens  of  the  village  of  Troy,  in  favor 


CANAL  LAWS,  &c. 


12 1 


of  the  grand  canal,  from  Lake  Erie  to  the  tide  waters  of  the 
Hudson,  was  read  and  referred  to  the  joint  committee  of  the  Sen- 
ate and  Assembly,  appointed  on  that  part  of  the  speech,  of  hi^ 
Excellency  the  Governor,  which  relates  to  canals  and  roads. 


181G. 


In  Assembly,  March  15, 1816. 
Sundry  memorials  of  the  inhabitants  of  Onondaga  county,  in  i^^^0 
favor  of  the  grand  canal  from  Lake  Erie  to  the  tide  waters  of 
the  Hudson,  were  read  and  referred  to  the  joint  committee  of  the 
Senate  and  Assembly,  appointed  on  that  part  of  the  speech,  of  his 
Excellency  the  Governor,  which  relates  to  canals  and  roads. 


In  Assembly,  March  21,  1816. 
The  memorial  of  the  inhabitants  of  the  town  of  Avon,  in  the  From  Avon, 
county  of  Ontario,  on  the  subject  of  the  grand  canal,  between 
Lake  Erie  and  the  tide  waters  of  the  Hudson,  was  read  and  re- 
ferred to  the  committee  of  the  whole  house,  when  on  the  bill,  en- 
titled *c  an  act  for  improving  the  internal  navigation  of  this  state." 


In  Assembly,  March  22,  1816. 
The  memorial  of  the  town  of  Paris,  in  the  county  of  Oneida,  From  Paris  in 
on  the  subject  of  the  grand  canal,  between  Lake  Erie  and  the  tide  ^"eida  L0UI1* 
waters  of  the  Hudson,  was  read  "and  referred  to  a  committee  of 
the  whole  house,  when  on  the  bill  relative  to  that  subject. 


In  Assembly,  March  26,  1816. 
The  memorial  of  sundry  inhabitants  of  the  town  of  Bloomfield  Fiom  iiloom- 
io  the  county  of  Ontario,  relative  to  the  grand  canal  from  Lake 
Erie  to  the   Hudson,  was  read  and  referred  to  a  committee  of 
the  whole,  when  on  the  bill,  entitled  "  an  act/or  improving  the 
>nternal  navigation  of  this  state." 


In  Assembly,  March  30, 1816. 
The  memorial  of  the  citizens  ofihe  county  of  Chautauoiie,  in  Fl*m 


122 


CANAL  LAWS,  &c. 


1816.    favor  of  the  contemplated  canal,  uniting  the  western  waters  with 

*  sr — ;  the  tide  waters  of  the  Hudson  river,  was  read  and  referred  to  a 

committee  of  the  whole  house,  when  on  the  bill,  entitled,  "  an  act 
for  improving  the  internal  navigation  of  this  state.11 
From  Hart     ^e  Pet^^on  °f  tne  towns  of  Hartland  and  Ridgeway,  in  the 
land  &  Ridge-  counties  of  Niagara  and  Genesee,  in  favor  of  the  canal  connect- 
ing the  western  waters  with  the  tide  waters  of  the  Hudson,  was> 
read  and  referred  to  a  committee  of  the  whole  house,  when  on 
the  bill,  entitled  "  and  act  for  improving  the  internal  navigation 
of  this  state.11 


In  Assembly,  April  3,  1816. 
l  rom{  r6  resomti°ns  °f tue  inhabitants  of  the  towns  of  Russia,  Ger- 

sia,  German-  man-Flats,  Newport  and  Schuyler,  in  the  county  of  Herkimer,  in 
SsdmyFen*  town  meetings  assembled,  on  the  subject  of  the  grand  canal  be- 
tween Lake  Erie  and  Hudson's  river,  were  read  and  referred 
to  the  committee  of  the  whole,  when  on  the  bill,  entitled  "  an  act  to 
improve  the  internal  navigation  of  this  state.11 


MEMORIAL 

Of  the  citizens  of  New-York,  in  favor  of  a  Canal  Navigation 
between  the  great  western  Lakes  and  the  tide-waters  of  the 
Hudson,  presented  to  the  Assembly  February  21,1816,  and  or- 
dered to  be  printed. 

To  the  Legislature  of  the  State  of  New-  York. 

Memorial,  &c.    The  memorial  of  the  subscribers,  in  favor  of  a  canal  naviga- 
tion, between  the  great  western  lakes  and  the  tide-waters  of  the 
Hudson,  most  respectfully  represents : 
The  impor-       That  they  approach  the  legislature  with  a  solicitude  propor- 
objCet°&c  the*'onec*  to  tne  importance  of  this  great  undertaking,  and  with  a 
confidence  founded  on  the  enlightened  public  spirit  of  the  con- 
stituted authorities.    If,  in  presenting  the  various  considerations 
which  have  induced  them  to  make  this  appeal,  they  should  oc- 
cupy more  time  than  is  usual  on  common  occasions,  they  mus 
stand  justified  by  the  importance  of  the  object.    Connected  a: 
it  is  with  the  essential  interest  of  our  country,  and  calculated  ii 
its  comrfrenrentent  to  rrtw  honor  on  the  state,  and  in  its  com 


CANAL  LAWS,  Sob. 


pletion,  to  exalt  it  to  an  elevation  of  unparalleled  prosperity \  lfttfi 
your  memorialists  are  fully  persuaded,  that  centuries  may  pass  v      <— ' 
away  before  a  subject  is  again  presented  so  worthy  of  all  your  at- 
tention, and  so  deserving  of  all  your  patronage  and  support. 

The  improvement  of  the  means  of  intercourse  between  differ- 
ent parts  of  the  same  country,  has  always  been  considered  the 
first  duty  and  the  most  noble  employment  of  government.  If  it 
be  important  that  the  inhabitants  of  the  same  country  should  be 
bound  together  by  a  community  of  interests,  and  a  reciproca- 
tion of  benefits ;  that  agriculture  should  find  a  sale  for  its  pro- 
ductions ;  manufactures  a  vent  for  their  fabrics ;  and  commerce 
a  market  for  its  commodities  ;  it  is  your  incumbent  duty,  to  open, 
facilitate,  and  improve  interna]  navigation.  The  pre-eminent 
advantages  of  canals  have  been  established  by  the  unerring  test 
of  experience,    Tbej  unite  cheapness,  celerity,  certainty  and 

*  .      i  •  »  i  *  .  t     •        111  Expense  oi 

safety,  in  the  transportation  oi  commodities.    It  is  calculated  transportation 

•  .  „  -  on  canals  con- 
that  the  expense  of  transporting  on  a  canal,  amounts  to  one  treated  wUk 

cent  a  ton  per  mile,  or  one  dollar  a  ton  for  one  hundred  miles  ;^^agei  '^"j 
while  the  usual  cost  by  land  conveyance,  is  one  dollar  and  sixty  Jjjjyjjj 
cents  per  hundred  weight,  or  thirty-two  dollars  a  ton  for  the mer- 
same  distance.    The  celerity  and  certainty  of  this  mode  of 
transportation  are  evident.    A  loaded  boat  can  be  towed  by  one 
or  two  horses,  at  the  rate  of  thirty  miles  a  day.    Hence,  the 
seller  or  buyer  can  calculate  with  sufficient  precision  on  his  sales 
or  purchases,  the  period  of  their  arrival,  the  amount  of  their 
avails,  and  the  extent  of  their  value.    A  vessel  on  a  canal  is  in- 
dependent of  winds,  tides,  and  currents,  and  is  not  exposed  to 
the  delays  attending  conveyances  by  land:  and  with  regard  to 
safety,  there  can  be  no  competition.    The  injuries  to  which  com- 
modities are  exposed  when  transported  by  land,  and  the  dangers 
to  which  they  are  liable  when  conveyed  by  natural  waters,  are 
rarely  experienced  on  canals.    In  the  latter  way,  comparatively 
speaking,  no  waste  is  incurred,  no  risk  is  encountered,  and  no  in- 
surance is  required.    Hence,  it  follows,  that  canals  operate  upon 
the  general  interests  of  society,  in  the  same  way  that  machines 
for  saving  labor  do  in  manufactures ;  they  enable  the  farmer, 
the  mechanic,  and  the  merchant,  to  convey  their  commodities  to 
market,  and  to  receive  a  return,  at  least  thirty  times  cheaper  than 
by  roads.    As  to  all  the  purposes  of  beneficial  communication, 
they  diminish  the  distance  between  places,  and  therefore  encour- 
1  aeje  the  cultivation  of  the  most  extensive  and  remote  parts  of  tho 


canal  Laws,  &.c. 


1816.    country.    They  create  new  sources  of  internal  trade,  and  aug- 

'  vr — '  ment  the  old  channels ;  for,  the  cheaper  the  transportation,  the 

more  expanded  will  be  its  operation,  and  the  greater  the  mass  of 
the  products  of  the  country  for  sale,  the  greater  will  be  the  com- 
mercial exchange  of  returning  merchandize,  and  the  greater  the 
encouragement  to  manufacturers,  by  the  increased  economy  and 
comfort  of  living,  together  with  the  cheapness  and  abundance  of 
raw  materials  ;  and  canals  are  consequently  advantageous  to 
towns  and  villages,  by  destroying  the  monopoly  of  the  adjacent 
country,  and  advantageous  to  the  whole  country ;  for  though 
some  rival  commodities  may  be  introduced  into  the  old  markets, 
yet  many  new  markets  will  be  opened  by  increasing  population, 
enlarging  old  and  erecting  new  towns,  augmenting  individual 
and  aggregate  wealth,  and  extending  foreign  commerce. 
Prosperity  of  The  prosperity  of  ancient  Egypt,  and  China,  may  in  a  great 
China  and  An- jgp.j.gp  ^e  attributed  to  their  inland  navigation.    With  little  fo- 

cient  Egypt,  of     &  •  ° 

England  and  reign  commerce,  the  former  of  those  countries,  by  these  means 

Holland  owing         t  r    i  ,    .  . 

principally  to  attained,  and  the  latter  possesses,  a  population  and  oppulence  m 
Canals,  &c.  pr0p0rtion  to  their  extent,  unequalled  in  any  other.  And  En- 
gland and  Holland,  the  most  commercial  nations  of  modern 
times,  deprived  of  their  canals,  would  lose  the  most  prolific  sour- 
ces of  their  prosperity  and  greatness.  Inland  navigation  is  in 
fact  to  the  same  community  what  exterior  navigation  is  to  the 
great  family  of  mankind.  As  the  ocean  connects  the  nations  of 
the  earth,  by  the  ties  of  commerce,  and  the  benefits  of  commu- 
nication, so  do  lakes,  rivers,  and  canals  operate  upon  the  inhabi- 
tants of  the  same  country :  and  it  has  been  well  observed,  that 
"  were  we  to  make  the  supposition  of  two  states,  the  one  having 
all  its  cities,  towns,  and  villages  upon  navigable  rivers  and  canals, 
and  having  an  easy  communication  with  each  other  ;  the  other 
possessing  the  common  conveyance  of  land  carriage,  and  sup- 
posing both  states  to  be  equal  as  to  soil,  climate,  and  industry, 
commodities  and  manufactures  in  the  former  state,  might  be  fur- 
nished thirty  per  cent,  cheaper  than  in  the  latter :  or  in  other 
words,  the  first  state  would  be  a  third  richer,  and  more  affluent 
than  the  other." 

Inland  naviga-     The  general  arguments  in  favor  of  inland  navigation,  apply 
Considered!  w*tn  peculiar  force  to  the  United  States,  and  most  emphatically 
to  this  state.    A  geographical  view  of  the  country,  will  at  once 
demonstrate  the  unexampled  prosperity  that  will  arise  from  our 


CANAL  LAWS,  fcc: 


125 


cultivating  the  advantages  which  nature  has  dispensed  with  so  1S16. 
liberal  a  hand.    A  great  chain  of  mountains  passes  through  the  v^-v-W 
United  States,  and  divides  them  into  eastern  and  western  Ameri- 
ca.   In  various  places,  rivers  break  through  those  mountains, 
and  are  finally  discharged  into  the  ocean.    To  the  west,  there 
is  a  collection  of  inland  lakes  exceeding  in  its  aggregate  extent, 
some  of  the  most  celebrated  seas  of  the  old  world.  Atlantic 
America,  on  account  of  the  priority  of  its  settlement,  its  vicinity 
to  the  ocean,  and  its  favorable  position  for  commerce,  has  many 
advantages.    The  western  country,  however,  has  a  decided  su- 
periority in  the  fertility  of  its  soil,  the  benignity  of  its  climate, 
and  the  extent  of  its  territory.    To  connect  these  great  sections 
by  inland  navigation,  to  unite  our  Mediterranean  seas  with  the 
ocean,  is  evidently  an  object  of  the  first  importance  to  the  gene- 
ral prosperity.    Nature  has  effected  this  in  some  measure;  the 
St.  Lawrence  emanates  from  the  lakes,  and  discharges  itself  into 
the  ocean  in  a  foreign  territory.    Some  of  the  streams  which 
flow  into  the  Mississippi,  originate  near  rhe  gj  eat  lakes,  and  pass 
around  the  chain  of  mountains.    Some  of  the  waters  of  this  state 
which  pass  into  Lake  Ontario,  approach  the  Mohawk ;  but  our 
Hudson  has  decided  advantages.    It  affords  a  tide  navigation 
for  vessels  of  80  tons  to  Albany  and  Troy,  160  miles  above 
New-York,  and  this  peculiarity  distinguishes  it  from  all  the  other 
bays  and  rivers  in  the  United  States,  viz. 

The  tide  in  no  other  ascends  higher  than  the  Granite  Ridge, 
or  within  thirty  miles  of  the  Blue  RHge,  or  eastern  chain  of 
mountains.  In  the  Hudson,  it  breaks  through  the  Blue  Ridge, 
and  ascends  above  the  eastern  termination  of  the  Catskill,  or 
great  western  chain;  and  there  are  no  interposing  mountains  to 
prevent  a  communication  between  it  and  the  great  western  lakes. 
The  importance  of  the  Hudson  river  to  the  old  settled  parts  „ 

'  i  •      i     .  Importance  ot 

of  the  state,  may  be  observed  in  the  immense  wealth  which  is  Hudson  river, 
daily  borne  on  its  waters,  in  the  flourishing  villages  and  cities  on  &° 
its  banks,  and  in  the  opulence  and  prosperity  of  all  the  country 
connected  with  it,  either  remotely  or  immediately.  It  may  also 
be  readily  conceived,  if  we  only  suppose  that  by  some  awful  phy- 
sical calamity,  some  overwhelming  convulsion  of  nature,  this 
great  river  was  exhausted  of  its  waters :  Where  then  would  be 
the  abundance  of  our  markets,  the  prosperity  of  our  farmers, 
the  wealth  of  our  merchants  ?  Our  villages  would  become  de- 
serted ;  our  flourishing  cities  would  be  converted  into  masses  of 


CANAL  LAWS,  fcc. 


1816.     mouldering  ruins,  and  this  state  would  be  precipitated  into  po- 

t  v  /  verty  and  insignificance.    If  a  river  or  natural  canal,  navigable 

about  170  miles,  has  been  productive  of  such  signal  benefits, 
what  blessings  might  not  be  expected,  if  it  were  extended  300 
miles  through  the  most  fertile  country  in  the  universe,  and  united 
with  the  great  seas  of  the  west !    The  contemplated  canal  would 
be  this  extension,  and  viewed  in  reference  only  to  the  productions 
and  consumptions  of  this  state,  would  perhaps  convey  more 
riches  on  its  waters,  than  any  other  canal  in  the  world.  Con- 
nected with  the  Hudson,  it  might  be  considered  as  a  navigable 
stream  that  extends  450  miles  through  a  fertile  country,  embra- 
cing a  great  population,  and  abounding  with  all  the  productions 
of  industry :  If  we  were  to  suppose  all  the  rivers  and  canals  in 
England  and  Wales,  combined  into-  one,  and  discharged  into  the 
ocean  at  a  great  city,  after  passing  through  the  heart  of  that 
country,  then  we  can  form  a  distinct  idea  of  the  importance  of 
the  projected  canal ;  but  it  indeed  comprehends  within  its  influence 
a  greater  extent  of  territory,  which  will  in  time  embrace  a  great- 
er population.    If  this  work  be  so  important,  when  we  confine 
our  views  to  this  state  alone,  how  unspeakably  beneficial  must  it 
appear,  when  we  extend  our  contemplations  to  the  great  lakes, 
and  the  country  affiliated  with  them  !  Waters  extending  two 
thousand  miles  from  the  beginning  of  the  canal,  and  a  country 
containing  more  territory  than  all  Great  Britain  and  Ireland, 
and  at  least  as  much  as  France. 
ivWOrkans    While  we  do  not  pretend  that  all  the  trade  of  our  western 
cur  oniy^for-1  world,  will  centre  in  any  given  place,  (nor  indeed  would  it  be  de- 
widable  mals.  sjraD]e  \{  jt  were  practicable,  because  we  sincerely  wish  the  pros- 
perity of  all  the  states,)  yet  we  contend  that  our  natural  advan- 
tages are  so  transcendant,  that  it  is  in  our  power  to  obtain  the 
greater  part,  and  put  successful  competition  at  defiance.    As  all 
the  other  communications  are  impeded  by  mountains ;  the  only 
formidable  rivals  of  New-York,  for  this  great  prize,  are  New- 
Orleans  and  Montreal,  the  former  relying  on  the  Mississippi, 
and  the  latter  on  the  St.  Lawrence. 
Commence-     ^n  considering  this  subject,  we  will  suppose  the  commence- 
Canai  &c  the  ment  °^  tne  cana^  somewhere  near  the  out-let  of  Lake  Erie. 

The  inducements  for  preferring  one  market  to  another,  involve 
a  variety  of  considerations;  the  principal  are  the  cheapness  and 
facility  of  transportation,  and  the  goodness  of  the  market.    Tf  n 


CANAL  LAWS,  fcft 


127 


tultivator  or  manufacturer  can  convey  liis  commodities  with  the  1 81G. 
same  ease  and  expedition  to  New-York,  and  obtain  a  higher  price  v— v  ' 
for  them  than  at  Montreal  or  New-Orleans,  and  at  the  same  time 
supply  himself  at  a  cheaper  rate  with  such  articles  as  he  may 
want  in  return,  he  will  undoubtedly  prefer  New-York.  It  ought 
also  to  be  distinctly  understood,  that  a  difference  in  price  may 
be  equalized  by  a  difference  in  the  expense  of  conveyance,  and 
that  the  vicinity  of  the  market  is  at  all  times  a  consideration  of 
great  importance. 

From  Buffalo,  at  or  near  the  supposed  commencement  of  the  Distance*,  fcc. 
canal,  it  is  450  miles  to  the  city  of  New  York,  and  from  that  city 
to  the  ocean,  20  miles.  From  Buffalo  to  Montreal  350  miles  ; 
from  Montreal  to  the  Chops  of  the  St.  Lawrence,  450.  From 
Buffalo  to  New  Orleans  by  the  great  Lakes,  and  the  Illinois  river, 
2,250  miles;  from  New  Orleans  to  the  Gulf  of  Mexico  100. 
Hence,  the  distance  from  Buffalo  to  the  ocean  by  the  way  of 
New  York,  is  470  miles ;  by  Montreal  800 ;  and  by  New  Or- 
leans 2,350. 

As  the  upper  lakes  have  no  important  outlet  but  into  lake  Erie,   j\-ew  York 
we  are  warranted  in  saying,  that  all  their  trade  must  be  auxiliary  ph0ett^at  de* 
to  its  trade,  and  that  a  favorable  communication  by  water  from 
Buffalo,  will  render  New  York  the  great  depot  and  warehouse  of 
the  western  world. 

In  order,  however,  to  obviate  all  objections  that  may  be  raised 
against  the  place  of  comparison,  let  us  take  three  other  positions, 
Chicago,  near  the  southwest  and  of  lake  Michigan,  and  a  creek 
of  that  name,  which  sometimes  communicates  with  the  Illinois, 
the  nearest  nver  from  the  lakes  to  the  Mississippi ;  Detroit,  on 
the  river  of  that  name,  between  lakes  St.  Clair  and  Erie  ;  and 
Pittsburgh,  at  the  confluence  of  the  Alleghany  and  Monongahela 
rivers,  forming  the  head  of  the  Ohio,  and  communicating  with 
Le  Beuf  by  water,  which  is  distant  fifteen  miles  from  lake  Erie. 

The  distance  from  Chicago  to  the  ocean  by  New  York,  is  Distance  from 

°  J  1       Chicago  to  tlif 

about  1,200  miles.    To  the  mouth  of  the  Mississippi,  by  New  ocean  1,200 
Orleans,  near  1,600  miles,  and  to  the  mouth  of  the  St.  Lawrence,  ' 
by  Montreal,  near  1,600  miles. 

The  distance  from  Detroit  to  the  ocean  by  New-York,  is  near  FromDetro  < 
700  miles.    From  Detroit  to  the  ocean  by  Montreal,  is  1,050  ic. 
miles.    From  Detroit  to  the  ocean,  pursuing  the  nearest  route  by 
Cleveland,  and  down  the  Muskingum,  2,400  miles.    The  dis- 
tance from  Pittsburgh  to  the  ocean,  bv  Le  Beuf,  lake  Buffalo. 


128  CANAL  LAWS,  &c, 

1816.    and  New -York,  is  700  miles.    The  same  to  the  ocean  by  Buffalo 

v— — v  '  and  Montreal,  1,050  miles.    The  same  to  the  ocean  by  the 

Ohio  and  Mississippi,  2,150  miles. 

These  different  comparative  views  show  that  New  York  has, 
in  every  instance,  a  decided  advantage  over  her  great  rivals.  In 
other  essential  respects  the  scale  preponderates  equally  in  her 
favor.  Supposing  a  perfect  equality  of  advantages  as  to  the 
navigation  of  the  lakes,  yet  from  Buffalo,  as  the  point  of  depart- 

decided01^6  ure>  tnere  *s  no  comParison  of  benefits.    From  that  place  the 
ference.        voyager  to  Montreal  has  to  encounter  the  inconveniences  of  a 
portage  at  the  cataract  of  Niagara,  to  load  and  unload  at  least 
three  times,  to  brave  the  tempests  of  Lake  Ontario  and  the  rapids 
of  the  St.  Lawrence. 

In  like  manner  the  voyager  to  New  Orleans,  has  a  portage 
between  the  Chicago  and  Illinois,  an  inconvenient  navigation  on 
the  latter  stream,  besides  the  well  known  obstacles  and  hazards 
of  the  Mississippi.  And  until  the  invention  of  steam-boats,  an 
ascending  navigation  was  considered  almost  impracticable.  This 
inconvenience  is,  however,  still  forcibly  experienced  on  that 
river,  as  well  as  on  the  St.  Lawrence  between  Montreal  and  lake 
Ontario. 

from  lake  Ene    ^e  navigat*on  ^rom  ^a^e  Erie  to  Albany,  can  be  completed 
to  Albany,  &c.  in  ten  days  with  perfect  safety  on  the  canal ;  and  from  Albany  to 
New  York,  there  is  the  best  sloop  navigation  in  the  world. 

From  Buffalo  to  Albany,  a  ton  of  commodities  could  be  con- 
veyed on  the  intended  canal,  for  three  dollars,  and  from  Albany 
to  New  York,  according  to  the  present  prices  of  sloop  trans- 
portation, for  $2  80,  and  the  return  cargoes  would  be  the  same. 

We  have  not  sufficient  data  upon  which  to  predicate  very 
accurate  estimates  with  regard  to  Montreal  and  New  Orleans  ; 
but  we  have  no  hesitation  in  saying,  that  the  descending  convey- 
ance to  the  former,  would  be  four  times  the  expense,  and  to  the 
latter,  at  least  ten  times,  and  that  the  cost  of  the  ascending 
transportation  would  be  greatly  enhanced. 
Transporta-    jt  nas  |3een  stated  by  several  of  the  most  respectable  citizens  of 

tion  Irom  New  ^  \ 

York  to  San-  Ohio,  that  the  present  expense  of  transportation  by  water  from 
the  city  of  New  York  to  Sandusky,  including  the  carrying  places, 
is  $4  50  per  hundred,  and  allowing  it  to  cost  two  dollars  per 
hundred  for  transportation  to  Clinton,  the  geographical  centre 
of  the  state,  the  whole  expense  would  be  $6  50,  which  is  only 
fifty  cents  more  than  the  transportation  from  Philadelphia  to 


dusky. 


CANAL  LAWS,  &c. 


River  St. 
rrence  is 


Pittsburgh,  and  at  least  $2  50  less  than  the  transportation  by  1S1G. 
land  and  water  from  these  places,  and  that,  in  their  opinion,  New 
York  is  the  natural  emporium  of  that  trade,  and  that  the  whole 
commercial  intercourse  of  the  western  country  north  of  the  Ohio, 
will  be  secured  to  her  by  the  contemplated  canal. 

In  addition  to  this,  it  may  be  stated,  that  the  St.  Lawrence  isL™ 
generally  locked  up  by  ice  seven  months  in  the  year,  durmg[heyeSc\5oa 
which  time  produce  lies  a  dead  weight  on  the  hands  of  the  owner ;  up  by  ice,  fte. 
that  the  navigation  from  New  York  to  the  ocean,  is  at  all  times 
easy,  and  seldom  obstructed  by  ice,  and  that  the  passage  from 
the  Balize  to  New  Orleans  is  tedious ;  that  perhaps  one  out  of 
five  of  the  western  boatmen  who  descend  the  Mississippi,  become 
victims  to  disease ;  and  that  many  important  articles  of  western 
production  are  injured  or  destroyed  by  the  climate.  New  York 
is,  therefore,  placed  in  a  happy  medium  between  the  insalubrious 
heat  of  the  Mississippi,  and  the  severe  cold  of  the  St.  Lawrence. 
She  has  also  pre-eminent  advantages,  as  to  the  goodness  and  ex- 
tensiveness  of  her  market.  All  the  productions  of  the  soil,  and 
the  fabrics  of  art,  can  command  an  adequate  price,  and  foreign 
commodities  can  generally  be  procured  at  a  lower  rate.  The 
trade  of  the  Mississippi  is  already  in  the  hands  of  her  merchants, 
and  although  accidental  and  transient  causes  may  have  concur- 
red to  give  Montreal  an  ascendency  in  some  points,  yet  the  supe- 
riority of  New  York  is  founded  in  nature,  and  if  improved  by 
the  wisdom  of  government,  must  always  soar  above  competition. 

Granting,  however,  that  the  rivals  of  New  York  will  command  Contemplated 
a  considerable  portion  of  the  western  trade,  yet  it  must  be  obvi-  canal.1  rcm 
ous,  from  these  united  considerations,  that  she  will  engross  more 
than  sufficient  to  render  her  the  greatest  commercial  city  in  the 
world.  The  whole  line  of  canal  will  exhibit  boats  loaded 
with  flour,  pork,  beef,  pot  and  pearl  ashes,  flaxseed,  wheat, barley, 
corn,  hemp,  wool,  flax,  iron,  lead,  copper,  salt,  gypsum,  coal, 
tar,  fur,  peltry,  ginseng,  bees-wax,  cheese,  butter,  lard,  staves, 
lumber,  and  the  other  valuable  productions  of  our  country  ;  and 
also,  with  merchandise  from  all  parts  of  the  world.  Great  man- 
ufacturing establishments  will  spring  up  ;  agriculture  will  estab- 
lish its  granaries,  and  commerce  its  warehouses  in  all  directions. 
Villages,  towns,  and  cities,  will  line  the  banks  of  the  canal,  and 
the  shores  of  the  Hudson  from  Erie  to  New  York.  '  The  wil- 
derness and  the  solitary  place  will  become  glad,  and  the  desert 
will  rejoice  and  blossom  as  the  rose.' 

17 


Canal  laws,  &c. 


1816.  While  it  is  universally  admitted  that  there  ought  to  be  a  water 
communication  between  the  great  lakes  and  the  tide  waters  of 
the  Hudson,  a  contrariety  of  opinion  (greatly  to  be  deplored,  as 
tending  to  injure  the  whole,  undertaking)  has  arisen  with  respect 
to  the  route  that  ought  to  be  adopted.  It  is  contended  on  the 
one  side,  that  the  canal  should  commence  in  the  vicinity  of 
the  outlet  of  lake  Erie,  and  be  carried  in  the  most  eligible  direction 
across  the  country  to  the  head  waters  of  the  Mohawk  river  at 
Rome  :  from  whence  it  should  be  continued  along  the  valley  of 
the  Mohawk  to  the  Hudson.  It  is,  on  the  other  side,  insisted, 
that  it  should  be  cut  around  the  cataract  of  Niagara  ;  that  lake 
Ontario  should  be  navigated  to  the  mouth  of  the  Oswego  river  ; 
that  the  navigation  of  that  river,  and  Wood  creek,  should  be 
improved  and  pursued  until  the -junction  of  the  latter  with  the 
Mohawk  at  Rome.  As  to  the  expediency  of  a  canal  from  Rome 
to  the  Hudson,  there  is  no  discrepance  of  opinion  :  the  route 
from  Rome  to  the  great  Lakes  constitutes  the  subject  of 
controversy. 

If  both  plans  were  presented  to  the  legislature,  as  worthy  of 
patronage,  and  if  the  advocates  of  the  route  by  lake  Ontario  did 
not  insist  that  their  schemes  should  be  exclusive,  and  of  course, 
that  its  adoption  should  prove  fatal  to  the  other  project,  this 
question  would  not  exhibit  so  serious  an  aspect.    If  two  roads 
are  made,  that  which  is  most  accommodating  will  be  preferred  ; 
but  if  only  one  is  established,  whether  convenient  or  inconve- 
nient to  individuals,  beneficial  or  detrimental  to  the  public,  it 
must  necessarily  be  used.    We  are  so  fully  persuaded  of  the  su- 
periority of  the  Erie  canal,  that  although  we  should  greatly  re- 
gret so  useless  an  expenditure  of  public  money  as  making  a  canal , 
round  the  cataract  of  Niagara,  yet  we  should  not  apprehend  any  I 
danger  from  the  competition  of  Montreal,  if  the  former  were  es-  j 
tablished. 

An  invincible  argument  in  favor  of  the  Erie  canal,  is,  that  it: 
would  diffuse  the  blessings  of  internal  navigation  over  the  most 
fertile  and  populous  parts  of  the  state,  and  supply  the  whole  com- 
munity with  salt,  gypsum,  and  in  all  probability  coal.  Whereas 
the  Ontario  route  would  accommodate  but  an  inconsiderable  part 
of  our  territory,  and  instead  of  being  a  great  highway,  leading 
directly  to  the  object,  it  would  be  a  circuitous  by-road,  inconve- 
nient in  all  essential  respects. 

TJie  mo#t  serious  objection  against  the  Ontario  route,  is,  tha* j  I 


l  AlVAL  LAWS.  fcc. 


5t  will  inevitably  enrich  the  territory  of  a  foreign  power,  at  the  181G. 
expense  of  the  United  States.  If  a  canal  is  cut  around  the  falls  of  v  v  ' 
Niagara,  and  no  countervailing  nor  counteracting  system  is 
adopted  in  relation  to  lake  Eric,  the  commerce  of  the  west  is 
lost  to  us  for  ever.  When  a  vessel  once  descends  into  Ontario, 
she  will  pursue  the  course  ordained  by  Nature.  The  British 
government  are  fully  aware  of  this,  and  are  now  taking  the  most 
active  measures  to  facilitate  the  passage  down  the  St.  Lawrence. 

It  is  not  be  concealed,  that  a  great  portion  of  the  productions  Trade  to 
of  our  western  country  are  now  transported  to  Montreal,  even  Wllrea1' 
with  all  the  inconveniences  attending  the  navigation  down  the 
Seneca  and  Oswego  rivers  ;  but  if  this  route  is  improved  in  the 
way  proposed,  and  the  other  not  opened,  the  consequences  will 
be  most  prejudicial.  A  barrel  of  Hour  is  now  transported  from 
Cayuga  lake  to  Montreal  for  $1  and  it  cannot  be  convey- 
ed to  Albany  for  less  than  $2^u\.  This  simple  fact  speaks  a 
valume  of  admonitory  instruction. 

But  taking  it  for  granted,  that  the  Ontario  route  will  bring  the 
commerce  of  the  west  to  New-York,  yet  the  other  ought  to  be 
preferred,  on  account  of  the  superior  facilities  it  affords. 

In  the  first  place,  it  is  nearer.  The  distance  from  Buffalo  to  Leading  facts 
Rome,  is  less  than  200  miles  in  the  course  of  the  intended  canal :  &ct0  l5tance9' 
.by  lake  Ontario  and  Oswego,  it  is  232. 

2.  A  loaded  boat  could  pass  from  Buffalo  to  Rome  by  the 
Erie  route,  in  less  than  seven  days,  and  with  entire  safety.  By 
the  Ontario  route,  it  will  be  perfectly  uncertain,  and  not  a  little 
hazardous.  A  fter  leaving  Niagara  river,  it  would  have  to  pass 
an  inland  sea  to  the  extent  of  127  miles,  as  boisterous  and  as  dan- 
gerous as  the  Atlantic.  And  besides  a  navigation  of  at  least 
twenty  miles  over  another  lake,  it  would  have  to  ascend  two  dif- 
ficult streams  for  55  miles ;  no  calculation  could  then  be  made, 
either  on  the  certainty  or  safety  of  this  complicated  and  inconve- 
nient navigation. 

3.  When  a  lake  vessel  would  arrive  at  Buffalo,  she  would  have 
to  unload  her  cargo,  and  when  this  cargo  arrived  at  Albany  by 
the  Erie  canal,  it  would  be  shifted  on  board  of  a  river  sloop,  in 
order  to  be  transported  to  New-York.  From  the  time  of  the 
first  loading  on  the  great  lakes,  to  the  last  unloading  at  the 
storehouses  in  New- York,  there  would  be  three  loadings  and 
three  unloadings  on  this  route. 


132 


CANAL  LAWS,  &c. 


1816.       But  when  a  lake  vessel  arrived  with  a  view  of  passing  the  canal  of 

Sl"" 1  ;v  J  Niagara,  she  would  be  obliged  to  shift  her  lading  for  that  purpose, 

for  it  would  be  almost  impracticable  to  use  lake  vessels  on  the 
Niagara  river,  on  account  of  the  difficulty  of  the  ascending  navi- 
gation. At  Lewistown,  or  some  other  place  on  the  Niagara, 
another  change  of  the  cargo  on  board  of  a  lake  vessel  for  Onta- 
rio would  be  necessary  :  at  Oswego  another,  and  at  Albany 
another  ;  so  that  on  this  route,  there  would  be  five  loadings  and 
five  unloadings,  before  the  commodities  were  stored  in  New-York. 

This  difference  is  an  object  of  great  consequence,  and  presents 
the  most  powerful  objections  against  the  Ontario  route  ;  for  to 
the  delay  we  must  add  the  accumulated  expense  of  these  changes 
of  the  cargo,  the  storage,  the  waste  and  damage,  especially  by 
theft  (where  the  chances  of  depredation  are  increased  by  the  mer- 
chandise passing  through  a  multitude  of  hands)  and  the  addition- 
al lake  vessels,  boats  and  men  that  will  be  required,  thereby  in- 
creasing in  this  respect  alone,  the  cost  two  thirds  above  that  at- 
tending the  other  course.  And  in  general  it  may  be  observed, 
that  the  difference  between  a  single  and  double  freight  forms  an 
immense  saving.  Goods  are  brought  from  Europe  for  twenty 
cents  per  cubic  foot ;  whereas  the  price  from  Philadelphia  to 
Baltimore,  is  equal  to  ten  cents.  This  shews  how  far  articles 
once  embarked,  are  conveyed  with  a  very  small  addition  of 
freight,  and  if  such  is  the  difference  between  a  single  and  a  double 
freight,  how  much  greater  must  it  be  in  the  case  under  conside- 
ration ! 

Fall  from  If  the  fall  from  lake  Erie  to  lake  Ontario  be  450  feet,  as  stated 
lake  Ontario^11  secretary  Gallatin's  report  on  canals,  it  will  require  at  least 
450  feet.  45  locks  for  a  navigation  around  the  cataract.  Whether  it  would 
be  practicable  to  accommodate  all  the  vessels  which  the  popula- 
lation  and  opulence  of  future  times  will  create  in  those  waters, 
with  a  passage  through  so  many  locks  accumulated  within  a 
short  distance,  is  a  question  well  worthy  of  serious  consideration. 
At  all  events,  the  demurrage  must  be  frequent,  vexatious,  and  ex- 
pensive. 

When  we  consider  the  immense  expense  which  would  attend 
the  canal  proposed  on  the  Niagara  river ;  a  canal  requiring  so 
many  locks,  and  passing  through  such  difficult  ground  ;  when 
we  view  the  Oswego  river  from  its  outlet  at  Oswego  to  its  origin 
in  Oneida  lake,  encumbered  with  dangerous  rapids  and  falls,  and 
flowing  through  a  country  almost  impervious  to  canal  opera* 


(  ANAL  LAWS,  fcc.  1 

lions  ;  and  when  we  contemplate  the  numerous  embarrassments  181b" 
which  are  combined  with  the  improvement  of  Wood  Creek,  we 
are  prepared  to  believe  that  the  expense  of  this  route  will  not 
greatly  fall  short  of  the  other. 

It  is  however  alleged,  that  it  is  not  practicable  to  make  this 
canal ;  and  that  if  practicable,  the  expense  will  be  enormous,  and 
w  ill  far  transcend  the  faculties  of  the  state. 

Lake  Erie  is  elevated  541  feet  above  the  tide  waters  at  Troy.  Lake  Erie 
The  only  higher  ground  between  it  and  the  Hudson  is  but  a  few  f^tid!!^ ters 
miles  from  the  lake  :  and  this  difficulty  can  be  easily  surmount-  at  Ttov- 
edby  deep  cutting  ;  of  course  no  tunnel  will  be  required.  The 
rivers  which  cross  the  line  of  the  canal,  can  be  easily  passed  by 
aqueducts  ;  on  every  summit  level,  plenty  of  water  can  be  ob- 
tained ;  whenever  there  is  a  great  rise  or  descent,  locks  can  be 
erected,  and  the  whole  line  will  not  require  more  than  sixty-two  ; 
perhaps  there  is  not  an  equal  extent  of  country  in  the  world, 
which  presents  fewer  obstacles  to  the  establishment  of  a  canal. 
The  liberality  of  Nature  has  created  the  great  ducts  and  arte- 
ries, and  the  ingenuity  of  art  can  easily  provide  the  connecting 
veins.  The  general  physiognomy  of  the  country  is  champaign, 
and  exhibits  abundance  water  :  a  gentle  rising  from  the  Hudson 
lo  the  lake ;  a  soil  well  adapted  for  such  operations  :  no  impas- 
sible hills,  and  no  insurmountable  waters.  As  to  distance,  it  is 
Jiot  to  be  considered  in  relation  to  practicability.  If  a  canal  can 
be  made  for  fifty  miles,  it  can  be  made  for  three  hundred,  pro- 
vided there  is  no  essential  variance  in  the  face  of  the  country ; 
the  only  difference  will  be  that  in  the  latter  case,  it  will  take  more 
time,  and  consume  more  money. 

But  this  opinion  does  not  rest  for  its  support  upon  mere  specu- 
lation.   Canals  have  been  successfully  cut  through  more  embar-  Experiencc  as 
rassing  ground,  in  various  parts  of  the  Linked  States;  and  even J," ^'u'^^ '* 
in  part  of  the  intended  route  from  Schenectady  to  Rome,  locks 
have  been  erected  at  the  Little  Falls,  and  at  other  places ;  and 
short  canals  have  been  made,  and  all  these  operations  have  taken 
place  in  the  most  difficult  parts  of  the  whole  course  of  the  con- 
templated Erie  navigation.    Mr.  William  Weston,  one  of  the   Mr  Wri( 
most  celebrated  civil  engineers  in  Europe,  who  has  superintended  quoted, 
canals  in  this  state  and  Pennsylvania,  and  who  is  perfectly  well 
acquainted  with  the  country,  has  thus  expressed  his  opinion  on 
the  subject:  "  Should  your  noble  but  stupendous  plan  of  uni- 


134 


CANAL  LAWS,  he. 


1816.    ting  Lake  Erie  with  the  Hudson,  be  carried  into  effect,  yem 

*      v  '  have  to  fear  no  rivalry.    The  commerce  of  the  immense  extent 

of  country,  bordering  on  the  upper  lakes,  is  yours  for  ever,  and 
to  such  an  incalculable  amount  as  would  baffle  all  conjecture  to 
conceive.    Its  execution  would  confer  immortal  honor  on  the 
projectors  and  supporters,  and  would  in  its  eventual  consequen- 
ces, render  New-York  the  greatest  commercial  emporium  in  the 
world,  with  perhaps  the  exception,  at  some  distant  day  of  New- 
Orleans,  or  some  other  depot  at  the  mouth  of  the  majestic  Mis- 
sissippi.   From  your  perspicuous  topographical  description  and 
neat  plan  and  profile  of  the  route  of  the  contemplated  canal, 
I  entertain  little  doubt  of  the  practicability  of  the  measure." 
With  regard  to  the  expense  of  this  work,  different  estimates 
$5  ooIhwo*    w^  ^e  f°rmed-    The  commissioners  appointed  for  that  purpose, 
were  of  opinion  that  it  would  not  cost  more  than  five  millions  of 
dollars.    On  this  subject  we  must  be  guided  by  the  light  which 
experience  affords  in  analogous  cases. 
Expense  of  the    The  canal  of  Languedoc,  or  canal  of  the  two  seas  in  France, 
Languedoc     connects  the  Mediterranean  and  the  Atlantic,  and  is  ISO  miles  in 

Canal.  7 

length  :  it  has  114  locks  and  sluices,  and  a  tunnel  720  feet  long. 
The  breadth  of  the  canal  is  144  feet,  and  its  depth  six  feet :  it 
was  begun  in  1666,  and  finished  in  16S1,  and  cost  £540,000 
sterling,  or  £3,000  sterling  a  mile. 
Of  the  Hoi-     The  Holstien  canal,  begun  in  1777,  and  finished  in  1785,  ex- 

et«m  Canal.     tend§  fifty  miles  .  j§  jqq  feet  wjde  at  fa  top?  an(j  54  at 

the  bottom,  and  not  less  than  ten  feet  deep  in  any  part.  Ships 
drawing  nine  feet  four  inches  of  water,  pass  through  it  from  the 
German  ocean,  in  the  vicinity  of  Tonningen,  into  the  Baltic. 
From  two  to  three  thousand  ships  have  passed  in  one  year. 
The  expense  of  the  whole  work  was  a  little  more  than  a  million 
and  a  half  of  dollars,  which  would  be  at  the  rate  of  30,000  dol- 
lars a  mile  for  this  ship  navigation. 

The  extreme  length  of  the  canal  from  the  Forth  to  the  Clyde, 
?/om\he  Forth  *n  Scotland,  is  35  miles.  It  rises  and  falls  160  feet  by  means  of 
to  the  Clyde.  39  locks,  Vessels  pass  drawing  eight  feet  water,  having  19  feet 
beam,  and  73  feet  length.  The  cost  is  calculated  at  £200,000 
sterling,  which  is  at  the  rate  of  about  23,000  dollars  a  mile. 
But  this  was  a  canal  for  ships  drawing  eight  feet  of  water,  with 
an  extraordinary  rise  for  its  length,  and  having  more  than  one 
lock  for  everv  mile. 


CANAL  LAWS,  fcc* 


135 


The  following  will  give  an  idea  of  the  money  expended  on  1S16. 
such  works  in  England  : — 


Cost. 

Miles. 

The  Rochdale  Canal, 

£291,900 

m 

Ellesmere, 

400,000 

57 

Kennet  and  Avon, 

420,000 

78 

Grand  Junction, 

500,000 

90 

Leeds  and  Liverpool, 

S00,000 

129 

Of  Canals  In 
England. 


The  miles  of  canal  are  385j,  and  the  cost  is  £2,411,900  ster- 
ling, or  about  28,000  dollars  per  mile. 

But  in  the  estimation  of  the  cost  of  these  canals,  unquestiona- 
lil v  the  price  of  the  land  over  which  they  pass  is  included,  and 
this  is  enormous.  The  land  alone  for  one  canal  of  16  miles,  is 
said  to  have  cost  £90,000  sterling.  With  us  this  would  be  but 
small. 

If  we  look  at  the  history  of  the  English  canals,  we  shall  see  na^nsli'h  °* 
how  many  objects  of  great  expense  are  connected  with  them, 
with  which  we  should  have  nothing  to  do,  and  that  most  of  them 
have  encountered  and  surmounted  obstacles  which  we  should  not 
meet  with.  For  instance,  the  Grand  Junction  canal  passes  more 
than  once  the  great  ridge  which  divides  the  waters  of  England  ; 
ours  will  pass  over  a  country  which  in  comparison  is  champaign. 

But  it  is  said  that  the  price  of  labor  in  our  country  is  so  much 
above  what  it  is  in  England,  that  we  must  add  greatly  to  the 
cost  of  her  canals  in  estimating  the  expense  of  ours.  But  that 
is  certainly  a  false  conclusion,  for  not  only  must  the  price  of  the 
land  and  the  adventitious  objects  which  have  been  before  referred 
to,  be  deducted  from  the  cost  of  the  foreign  canals,  but  we  must 
consider  that  there  will  be  almost  as  great  a  difference  in  our  favor 
in  the  cost  of  the  materials  and  brute  labor,  as  there  is  in  favor 
of  England  as  to  human  labor,  and  it  is  well  known  that  so  much 
human  labor  is  not  now  required  on  canals  as  formerly.  Ma- 
chines for  facilitating  excavation  have  been^invented  and  used 
with  great  success. 

Mr.  Gallatin's  report  on  canals  contains  several  estimates  of  Cvuh  ur 

■  ,  „  ...  Massachuiettr. 

the  cost  ol  contemplated  ones,    r  rom  Weymouth  to  Taunton, 
in  Massachusetts,  the  expense  of  a  canal  of  26  miles,  with  a 
lockage  of  260  feet,  is  set  down  at  1,250,000  dollars.  From 
Brunswick  to  Trenton,  2S  miles,  with  a  lockage  of  100  feet, *»  NewJ**Bi 
800,000  dollars.    From  Christiana  to  Elk.  22  miles  with  a  lork- 


138  CANAL  LAWS,  kc< 

1816.    age  of  148  feet,  750,000  dollars.    From  Elizabeth  river  to 
'  Pasquotank,  22  miles,  with  a  lockage  of  40  feet,  250,000  dollars. 
tianrTo"Eik*These  estimates  thus  vary  from  48,000  to  less  than  12,000 
^bethnnveftodo,lars  a  irnle>  an(*  fariiisib  the  medium  of  about  31,000  dollars  a 
Pasquotank.    m\]Gt    But  it  must  be  observed  that  they  are  for  small  distances, 
are  calculated  to  surmount  particular  obstacles,  and  contemplate 
an  extraordinary  number  of  locks,  and  that  they  do  not  there- 
fore furnish  proper  data  from  which  to  form  correct  conclusions, 
with  respect  to  the  probable  cost  of  an  extensive  canal,  sometimes 
running  over  a  great  number  of  miles  upon  a  level  without  any 
expense  for  lockage,  or  any  other  expense  than  the  mere  earth- 
work. 

Mr.  Weston,  before  mentioned,  estimated  the  expense  of  a 
canal  from  the  tide  waters  at  Troy  to  lake  Ontario,  a  distance  of 
160  miles,  (exclusive  of  lake  Oneida,)  going  around  theCohoes, 
and  embracing  55  locks  of  eight  feet  lift  each,  at  2,200,000  dollars, 
a  little  more  than  13,000  dollars  a  mile. 

Fortunately,  however,  we  have  more  accurate  information 
than  mere  estimates. 
Mr.  Gilpin's    In  the  appendix  to  Mr.  Gallatin's  report,  it  is  stated  by  Mr. 

statement.  r      '  J 

Joshua  Gilpin,  that  "  by  actual  measurement,  and  the  sums  paid 
on  the  feeder,  it  was  found  that  one  mile  on  the  Delaware  and 
Chesapeake  canal,  the  most  difficult  of  all  others,  from  its  being 
nearly  altogether  formed  through  hard  rocky  ground,  cost 
13,000  dollars,  and  one  other  mile  perfectly  level,  and  without 
particular  impediments,  cost  2,300  dollars  ;  from  hence,  the 
general  average  would  be  reduced  to  7,650  dollars  per  mile." 
Middlesex  ca-  The  Middlesex  canal,  in  Massachusetts,  runs  over  twenty-eight 
miles  of  ground,  presenting  obstacles  much  greater  than  can 
be  expected  on  the  route  we  purpose.  This  canal  cost  478,000 
dollars,  which  is  about  17,000  dollars  a  mile.  It  contains  22 
locks  of  solid  masonry  and  excellent  workmanship,  and  to  ac- 
complish this  work,  it  was  necessary  to  dig  in  some  places  to  the 
depth  of  20  feet,  to  cut  through  ledges  of  rocks,  to  fill  soms 
vallies  and  morasses,  and  to  throw  several  aqueducts  across  the 
intervening  rivers  One  of  these  across  the  river  Shawshine  is 
2S0  feet  long,  and  22  feet  above  the  river. 


CANAL  LAWS,  &c. 

From  the  Tonewanta  creek,  to  the  Seneca  river, 

is  a  fall  of  195  feet 

Dirterent  lall*, 

From  thence  to  the  Rome  summit,  is  a  rise  cl         50  &c. 
From  thence  to  the  Hudson  river,  is  a  fall  of  380 


The  whole  rise  and  fall,   625  feet. 

This  will  require  62  locks  of  ten  feet  lift  each.  The  expense 
of  such  locks  as  experimentally  proved  in  several  instances  in 
this  state  would  be  about  620,000  dollars. 

We  have  seen  that  on  the  Middlesex  canal,  there  are  22  locks 
for  28  miles,  which  is  a  lock  for  somewhat  less  than  every  mile, 
whereas,  62  locks  for  300  miles  is  but  about  one  lock  for  every 
five  miles;  and  the  lockage  of  the  Middlesex  canal,  would  alone 
cost  220,000  dollars.  It  would,  therefore,  appear  to  be  an  al- 
lowance perhaps  too  liberal,  to  consider  the  cost  of  it  as  a  fair 
criterion  of  the  expense  of  canals  in  general  in  this  country,  and 
of  this  in  particular.  Reservoirs  and  tunnels,  are  the  most  ex- 
pensive part  of  the  operation,  and  none  will  be  necessary  in  our 
whole  route.  The  expense  of  the  whole  earth  work  of  excava- 
ting a  mile  of  canal  on  level  ground  fifty  feet  wide  and  five  feci 
deep,  at  18  cents  per  cubit  yard,  and  allowing  for  the  cost  of 
forming  and  trimming  the  banks,  puddling,  &c.  will  not  exceed 
4000  dollars  per  mile,  and  the  only  considerable  aqueduct  on 
the  whole  line,  will  be  over  the  Genesee  river. 

From  a  deliberate  consideration  of  these  different  estimates  Estimate 20- 
and  actual  expenditures,  we  are  fully  persuaded  that  this  great  mnL°  ar3per 
work  will  not  cost  more  than  20,000  dollars  a  mile,  or  six  mil- 
lions of  dollars  in  the  whole;  but  willing  to  make  every  possible 
allowance,  and  even  conceding  that  it  will  cost  double  that  sum, 
yet  still  we  contend  that  there  is  nothing  which  ought  to  retard 
its  execution.  The  canal  cannot  be  made  in  a  short  time.  It 
will  be  the  work  perhaps  of  10  or  15  years. 

The  money  will  not  be  wanted  at  once.  The  expenditure,  in 
order  to  be  beneficial  ought  not  to  exceed  500,000  dollars  a 
year,  and  the  work  may  be  accomplished  in  two  ways  ;  either 
by  companies,  incorporated  for  particular  sections  of  the  route, 
or  by  the  state.  If  the  first  is  resorted  to,  pecuniary  sacrifices 
will  still  be  necessary  on  the  part  of  the  public,  and  great  care 
ought  to  be  taken  to  guard  against  the  High  tolls,  which  will 
certainly  injure,  if  not  ruin  the  whole  enterprise. 

If  the  state  shall  see  fit  to  achieve  this  creat  work,  there  can  Vuadt  t0  w 

W  atkiMI 


CANAL  LAWS,  fcc> 


1816.  be  no  difficulty  in  providing  funds.  Stock  can  be  created  and 
^  v  '  sold  at  an  advanced  price.  The  ways  and  means  of  paying  the 
interest  will  be  only  required.  After  the  first  year,  supposing 
an  annual  expenditure  of  500,000  dollars,  thirty  thousand  dol- 
lars must  be  raised  to  pay  on  interest  of  six  per  cent ;  after  the 
second  year  60,000,  and  so  on.  At  this  rate  of  interest  they  will 
regularly  increase  with  beneficial  appropriation,  and  will  be  so 
little  in  amount  that  it  may  be  raised  in  many  shapes  without 
being  burdensome  to  the  community.  In  all  human  probability, 
the  augmented  revenue  proceeding  from  the  public  salt  works, 
and  the  increased  price  of  the  state  lands,  in  consequence  of  this 
undertaking,  will  more  than  extinguish  the  interest  of  the  debt 
contracted  for  that  purpose.  We  should  also  take  into  view,  the 
land  already  subscribed  by  individuals  for  this  work,  amounting 
to  106,632  acres.  These  donations,  together  with  those  which 
may  be  confidently  anticipated,  will  exceed  in  value  a  million  of 
dollars,  and  it  will  be  at  all  times  in  the  power  of  the  state  to 
raise  a  revenue  from  the  imposition  of  transit  duties,  which  may 
be  so  light  as  scarcely  to  be  felt,  and  yet  the  income  may  be  so 
great  as  in  a  short  time  to  extinguish  the  debt,  and  this  might 
take  effect  on  the  completion  of  every  important  section  of  the 
work. 

Objections       jf  the  legislature  shall  consider  this  important  project  in  the 

against  any  de-  .        r     .  ,,        .         ...  .  . 

layincommen- same  point  of  view,  and  shall  unite  with  us  in  opinion,  that  the 
cingthiAwor  •  generaj  pr0Sperity  is  intimately  and  essentially  involved  in  its 
prosecution,  we  are  fully  persuaded  that  now  is  the  proper  time 
for  its  commencement.  Delays  are  the  refuge  of  weak  minds, 
and  to  procrastinate  on  this  occasion  is  to  show  a  culpable  inat- 
tention to  the  bounties  of  Nature ;  a  total  insensibility  to  the 
blessings  of  Providence,  and  an  inexcusable  neglect  of  the  in- 
terests of  society.  If  it  were  intended  to  advance  the  views  of 
individuals,  or  to  foment  the  divisions  of  party ;  if  it  promoted 
the  interests  of  a  few,  at  the  expense  of  the  prosperity  of  many  ; 
if  its  benefits  were  limited  as  to  place,  or  fugitive  as  to  duration, 
then  indeed  it  might  be  received  with  cold  indifference,  or  treated 
with  stern  neglect ;  but  the  overflowing  blessing  from  this  great 
fountain  of  public  good  and  national  abundance,  will  be  as  ex- 
tensive as  our  country,  and  as  durable  as  time. 

The  considerations  which  now  demand  an  immediate,  and  an 
undivided  attention  to  this  e^reat  object*  are  so  obvious,  so  vari* 


(ANAL  LAWS,  &c 


ulis,  and  so  weighty,  that  we  shall  only  attempt  to  glance  at  1S1G. 

some  of  the  most  prominent.  s  v — 

In  the  first  place,  it  must  be  evident,  that  no  period  could  be  1st  answer, 
adopted  in  which  the  work  can  be  prosecuted  with  less  expense. 
Every  day  augments  the  value  of  the  land  through  which  the  ca- 
nal will  pass  ;  and  when  we  consider  the  surplus  hands  which  have 
been  recently  dismissed  from  the  army  into  the  walks  of  private 
industry,  and  the  facility  with  which  an  addition  can  be  procured 
to  the  mass  of  our  active  labour,  in  consequence  of  the  convul- 
sions of  Europe,  it  must  be  obvious  that  this  is  now  the  time  to 
make  those  indispensable  acquisitions. 

2.  The  longer  this  work  is  delayed,  the  greater  will  be  the  2d. 
difficulty  in  surmounting  the  interests  that  will  rise  up  in  opposi- 
tion to  it.  Expedients  on  a  contracted  scale  have  already  been 
adopted  for  the  facilitation  of  intercourse.  Turnpikes,  locks,  and 
short  canals,  have  been  resorted  to,  and  in  consequence  of  those 
establishments,  villages  have  been  laid  out,  and  towns  have  been 
contemplated.  To  prevent  injurious  speculation,  to  avert  vio- 
lent opposition,  and  to  exhibit  dignified  impartiality  and  pater- 
nal affection  to  your  fellow-citizens,  it  is  proper  that  they  should 
be  notified  at  once  of  your  intentions. 

3.  The  experience  of  the  late  war  has  impressed  every  think-  3(i 
ing  man  in  the  community,  with  the  importance  of  this  commu- 
nication. The  exposes  of  transportation  frequently  exceeded  the 
original  value  of  the  article,  and  at  all  times  operated  with  inju- 
rious pressure  upon  the  finances  of  the  nation.  The  money  thus 
lost  for  the  want  of  this  communication,  would  have  perhaps  de- 
frayed more  than  one  half  of  its  expense. 

4.  Events  which  are  daily  occurring  on  our  frontiers,  demon- 4lli 
strate  the  necessity  of  this  work.  Is  it  of  importance  that  our 
honourable  merchants  should  not  be  robbed  of  their  legitimate 
'profits ;  that  the  public  revenues  should  not  be  seriously  im- 
paired by  dishonest  smuggl'ner,  and  that  the  commerce  of  our 
cities  shoe  Id  not  be  supplanted  by  the  mercantile  establishments 
of  foreign  countries?  then  it  is  essential  that  this  sovereign 
remedy  for  maladies  so  destructive  and  ruinous,  should  be  ap- 
plied. It  is  with  inconceivable  regret  we  record  the  well  known 
fact,  that  merchandise  from  Montreal  has  been  sold  to  an  alarm- 
ing extent  on  nnr  borders,  for  15  percent,  below  the  New-York 
prices 


CANAL  LAWS,  to. 


1816.  6,  A  measure  of  this  kind  will  have  a  benign  tendency  in 
Raising  the  value  of  the  national  domains,  in  expediting  the  sale, 
and  enabling  the  payment.  Our  national  debt  may  thus,  in  a 
short  time,  be  extinguished.  Our  taxes  of  course  will  be  dimin- 
isbed,  and  a  Considerable  portion  of  revenue  may  then  be  expend- 
ed in  great  public  improvements  ;  in  encouraging  the  arts  and 
sciences  ;  in  patronising  the  operations  of  industry  ;  in  fostering 
the  inventions  of  genius,  and  in  diffusing  the  blessings  of  know- 
ledge. 

6th.  6.  However  serious  the  fears  which  have  been  entertained  of 

a  dismemberment  of  the  Union  by  collisions  between  the  north 
and  the  south,  it  is  to  be  apprehended  that  the  most  imminent 
danger  lies  in  another  direction,  and  that  a  line  of  separation  may- 
be eventually  drawn  between  the  atlantic  and  the  western  states, 
unless  they  are  cemented  by  a  common,  an  ever  acting  and  a  pow- 
erful interest.  The  commerce  of  the  ocean,  and  the  trade  of  the 
lakes,  passing  through  one  channel,  supplying  the  wants,  in- 
creasing the  wealth,  and  reciprocating  the  benefits  of  each  great 
section  of  the  empire,  will  form  an  imperishable  cement  of  con- 
nexion, and  an  indissoluble  bond  of  union.  New-York  is  both 
atlantic  and  western,  and  the  only  state  in  which  this  union  of  in- 
terest can  be  formed  and  perpetuated,  and  in  which  this  great 
centripetal  power  can  be  energetically  applied.  Standing  on 
this  exalted  eminence,  with  power  to  prevent  a  train  of  the  most 
extensive  and  afflicting  calamities  that  ever  visited  the  world,  (for 
such  a  train  will  inevitably  follow  a  dissolution  of  the  Union,) 
she  will  justly  be  considered  an  enemy  to  the  human  race,  if 
she  does  not  exert  for  this  purpose  the  high  faculties  which  the 
Almighty  has  put  into  her  hands. 

7ih  Lastly.  It  may  be  confidently  asserted,  that  this  canal,  as  to 

the  extent  of  its  route,  as  to  the  countries  which  it  connects,  and 
as  to  the  consequences  which  it  will  produce,  is  without  a  paral- 
lel in  the  history  of  mankind.  The  union  of  the  Baltic  and  Eux- 
ine  ;  of  the  Red  Sea  and  the  Mediterranean  ;  of  the  Euxine  and 
the  Caspian ;  and  of  the  Mediterranean  and  the  Atlantic,  has 
been  projected  or  executed  by  the  chiefs  of  powerful  monarchies, 
and  the  splendor  of  the  design  has  always  attracted  the  admira- 
tion of  the  world.  It  remains  for  a  free  state  to  create  a  new  era 
in  history,  and  to  erect  a  work  more  stupendous,  more  magnifi- 
cent, and  more  beneficial,  than  has  hitherto  been  achieved  by  the 
human  race.    Character  is  as  important  to  nations  as  to  individ*- 


CANAL  LAWS,  to 


141 


uals,  and  the  glory  of  a  republic,  founded  on  the  promotion  of  1810. 
the  general  good,  is  the  common  property  of  all  its  citizens.  n^^^ 

We  have  thus  discharged  with  frankness  and  plainness,  and 
with  every  sentiment  of  respect,  a  great  duty  to  ourselves,  to  our 
fellow-citizens,  and  to  posterity,  in  presenting  this  subject  to  the 
fathers  of  the  commonwealth.  And  may  that  Almighty  Being, 
in  whose  hands  are  the  destinies  of  states  and  nations,  enlighten 
your  councils  and  invigorate  your  exertions  in  favour  of  the  best 
interests  of  our  beloved  country. 

XIII. 


Progress  of  the  bill  in  18 10,  afterwards  passed,  during  that  session, 
into  a  law — Sess.  39.  eh.  237.  page  295. 

In  Assembly,  March  21,  181G. 

Mr.  Van  Rensselaer,  from  the  joint  committee  of  the  senate  Mr  vanRens- 
and  assembly,  appointed  on  that  part  of  the  speech,  of  his  excel- se,aer'3  rePorf" 
lency  the  governor,  relative  to  canals  and  roads,  reported, 

That  the  committee  have  taken  into  consideration  the  nume- 
rous petitions  and  memorials  from  the  cities  and  counties,  villa- 
ges and  towns  in  this  state,  which  evince  on  the  part  of  the  peti- 
tioners and  memorialists  (amounting  to  several  thousands  in  num- 
ber) great  anxiety,  that  the  improvement  of  the  internal  naviga- 
tion of  the  state  should  engage  the  early  attention  of  the  legisla- 
ture, and  that  vigorous  measures  should  be  adopted,  for  its  early 
completion. 

The  committee  have  investigated  the  subject  with  patience,  0piuion  in  f(V 
care  and  attention;  and  have  examined  the  plans  and  surveys yor °f the  Erie 
of  the  route,  from  the  Hudson  river  to  lake  Erie,  which  were 
made  under  the  direction  of  the  commissioners  heretofore  ap- 
pointed for  that  purpose  ;  they  have  had  the  benefit  of  explana- 
tions, from  gentlemen  of  professional  skill  and  ability,  who  per- 
formed the  surveys ;  from  all  which,  they  do  not  hesitate  to  ex- 
press a  decided  opinion,  not  only  that  the  navigation,  by  mean< 
of  canals  and  locks,  can  be  improved  and  completed,  between  the 
Hudson  and  lake  Erie  ;  but  that  the  expense  will  be  so  moderate* 
as  that  funds  can  be  provided  without  imposing  severe  or  unrea- 
sonable burthens  on  the  community.    The  beneficiol  results  to 


Hi 


C  ANAL  LAWS,  g* 


1816.    arise  from  the  completion  of  this  navigation  can  scarcely  be  cal- 
'^^v^*  culated  by  the  most  sanguine  of  its  advocates.    A  country,  ca- 
pable of  sustaining  as  dense  a  population  as  any  section  of  the 
globe,  embracing  many  millions  of  acres,  will  pour  its  produc- 
tions and  its  wealth  into  the  heart  of  our  commercial  emporium  ; 
diffusing  blessings  of  every  description  to  every  part  of  this  great 
and  important  state ;  connecting  the  interests  of  this,  and  the 
states  in  the  north-western  section  of  the  union,  so  intimately,  as 
to  promise  permanency  and  stability  to  that  system  of  government 
established  by  us,  and  on  which  all  must  rely  for  the  political 
prosperity  and  happiness  of  the  United  States. 
A.nd  that  from     ^he  committee  view  the  improvement  of  the  navigation  be- 
lake  Cham-  tween  the  tide  waters  of  the  Hudson  and  lake  Champlain,  as  an 

plain    to    the  r 

Hudson.  object  of  great  public  importance  :  and  although  they  have  not 
been  able  to  collect  any  information,  on  which  they  can  rely  with 
perfect  confidence,  as  to  the  amount  of  expense  to  be  incurred, 
yet  they  are  persuaded,  that  the  improvement  is  entirely  practica- 
ble, and  ought  to  claim  the  early  attention  of  the  government  or 
its  agents. 

The  means  now  at  the  disposal  of  the  legislature,  and  which 
the  committee  propose  to  appropriate  for  these  objects,  are  suffi- 
cient to  commence,  and  successfully  prosecute  for  several  years, 
those  important  improvements ;  and  they  entertain  a  full  and  perfect 
conviction,  that  the  wisdom  and  patriotism  of  future  legislatures, 
will  foster  and  cherish  the  undertaking,  and  furnish  such  addi- 
tional sources  of  revenue,  as  may  be  sufficient  to  complete  the  said 
Revenue  en-  wor^s  :  These  sources  of  revenue,  as  the  benefits  to  result  from 
the  navigation  Gradually  unfold  themselves,  will  be  found,  in  the 
opinion  of  the  committee,  in  the  increased  value  of  the  real  estate 
Within  the  great  commercial  cities,  the  towns  and  villages,  and 
generally7  that  part  of  the  country  in  the  vicinity  of  which  the 
said  canals  shall  pass.  The  proportions  in  which  each  section  o 
the  country  ought  to  contribute,  to  the  completion  of  the  objects 
committed  to  the  consideration  of  the  committee,  must  depend 
on  various  considerations,  which  cannot  at  this  period  be  so  dis- 
tinctly perceived  as  to  enable  the  committee  to  do  equal  justice  to 
each  part ;  but  which,  they  persuade  themselves,  will  in  time  be 
disclosed  so  fully  to  the  commissioners  to  be  appointed  to  su- 
perintend and  complete  the  work,  as  to  pnable,  on  their  recom- 


CANAL  LAWS,  b 


14o 


mendation,  future  legislatures  to  raise  the  requisite  additional  1316. 
funds  on  principles  of  strict  justice  and  impartiality.  v  v  

The  revenue  proposed  now  to  be  appropriated,  consists  of  du-  anjU(tJh^'  jjj 
ties  on  salt  to  be  manufactured  within  the  western  district  of  this  ies,Ac. 
state  ;  a  tax  of  two  mills  on  the  dollar  on  bank  stock,  in  lieu  of 
having  the  same  assessed  as  the  personal  property  of  individuals  ; 
a  certain  sum  out  of  the  proceeds  of  auction  duties  within  ih\> 
state  ;  a  moderate  tax  on  official  seals,  and  those  issuing  from  the 
courts  of  record  within  this  state;  a  tax  on  steam-boat  passen- 
gers, to  be  levied  with  the  consent  of  the  proprietors  ;  the  pro- 
ceeds to  arise  from  the  sale  of  certain  tracts  oi  land  in  the  wes- 
tern parts  of  this  state  ;  certain  sums  to  be  raised  by  lotteries, 
and  the  proceeds  of  moderate  and  reasonable  tolls  as  the  work 
progresses  ;  all  which  to  be  pledged  and  appropriated  for  the 
final  redemption  and  extinguishment  of  the  principal  and  interest 
of  money  to  be  borrowed  on  the  credit  thereof. 

The  committee  regret  that  they  have  not  been  able  to  procure 
he  reports  heretofore  prepared  by  the  surveyors,  and  returned 
by  them  to  the  commissioners  heretofore  appointed  ;  as  they  are 
informed,  they  would  have  afforded  the  committee  and  the  legis- 
lature, better  means  of  forming  a  correct  opinion  of  this  impor- 
tant subject,  than  those  presented  :  they,  however,  beg  leave  to 
dresent  statements  made  by  gentlemen  thus  employed,  which 
sufficiently  support  those  made  to,  and  opinions  formed  by  the 
committee,  from  which  it  is  rendered  probable,  that  the  expense 
of  completing  the  said  navigation  for  nearly  two  thirds  of  the  Estimateofex* 

.  ,  9  p°nse  in  parf. 

whole  distance  from  the  Hudson  to  lake  Erie,  will  not  exceed 

two  and  a  half  millions  of  dollars  ;  rendering  it  highly  probable, 

that  as  no  greater  obstructions  exist  in  any  other  part  of  the  route, 

respecting  which  no  estimates  have  been  furnished,  than  those 

for  which  a  distinct  view  is  presented  ;  the  whole  expense  will 

not,  for  completing  the  whole  navigation  on  both  routes,  exceed  Jstmmted^at" 

six  millions  of  dollars.    They  have  prepared  a  bill,  which  they^0,000  doV* 

have  directed  their  chairman  to  ask  leave  to  present. 


144 


CANAL  LAWS,  fcc* 


1816. 

* — -v- — '  STATEMENTS  REFERRED  TO  IN  THE  ABOVE  RE- 
PORT. 

James  Geddes'  Statement. 

Sir, 

statement  of 8  In  obedience  to  your  request,  the  following  general  view  of 
viewSofn°thc   tne  coun*ry>  fr°m  Lake  Erie  to  the  Cayuga  marshes,  is  attempted. 

country. 

Black  Rock  Rapid. 
Rapid, RoCK  It  will  be  very  necessary,  at  some  future  day,  by  a  side  cut 
and  lock,  to  make  the  Black  Rock  Rapid  passable  by  lake  ves- 
sels, because  the  harbor  below  Bird-Island  is  neither  good  nor 
sufficiently  spacious  to  contain  the  vessels  that  will  in  time  be- 
long to  the  upper  lakes.  From  the  lower  end  of  this  proposed 
sloop  canal,  the  boat  canal  ought  to  be  continued,  still  keeping 
the  level  of  Lake  Erie,  to  Tonewanta  creek,  where  a  dam  of 
the  height  of  five  feet,  thrown  across  the  same,  shall  raise  the 
surface  of  said  creek  to  the  said  Lake  Erie  level.  This  being 
done,  Tonewanta  creek  would  be  made  a  level  and  wide  canal 
for  eleven  miles  up  it.  Opposite  this  place  the  valley  of  eighteen 
mile  creek  approaches  the  valley  of  Tonewanta,  so  that  a  cut  of 
5  miles  and  30  chains  (course  nearly  north)  will  let  the  canal  pass 
through  into  the  valley  of  Lake  Ontario.  This  five  miles  will 
have  to  be  cut  in  the  deepest  place  twenty-two  feet,'from  the  sur- 
face to  the  top  water  line  of  the  canal.  About  3i  miles  of  the 
surface  is,  on  an  average,  20  feet  higher  than  the  level  of  Lake 
Erie.  There  is  great  reason  to  hope  that  this  deep  cutting  will 
all  be  through  clay,  except  a  short  distance  at  the  north  end ; 
because  all  the  country  on  both  sides  of  the  Niagara  river  is  a 
body  of  clay,  in  which  the  small  streams  have  scooped  out  deep 
beds  below  the  level  of  the  surface  of  the  river.  To  make  the 
1 1  miles  from  the  mouth  of  the  Tonewanta  upwards,  a  co  mplete 
canal,  the  flood  waters  of  said  creek  can  be  turned  down  the  Oak 
Orchard  creek  at  a  small  expense. 

From  Tonewanta  deep  cutting  eastward,  it  will  be  necessary 
immediately  at  the  north  end  of  this  deep  cutting  to  lock  dowr 
(55  feet)  as  low  as  the  level  proposed  to  cross  the  Genesee  river 
The  northern  termination  of  the  great  lime  ledge  here  has  its  up 
per  surface  21  feet  above  the  proposed  top  water  line  of  the  ca 


CANAL  LAWS,  &c 


145 


na),  and  by  locking  down  55  feet,  the  canal  is  thrown  70  feet  1810. 

below  the  level  of  the  brow  of  the  stony  ledge,  at  the  foot  of  v— — 

which  it  may  pursue  its  course  free  from  this  stony  stratum.  In 

passing  the  next  branch  of  the  18  mile  creek  there  will  be  near 

a  mile  of  steep-lying  ground.    At  the  most  eastern  branch  of  the 

the  18  mile  creek  will  be  some  more  difficulty  of  the  same  kind. 

Oak  Orchard  creek  must  be  passed  on  an  aqueduct  bridge,  near 

30  feet  high,  and  2  chains  long.*    Here  are  fine  red  free  stone 

for  building.    At  Sandy  creek  no  examinations  were  made  as 

no  difficulty  w  as  apprehended. 

Geneste  River. 

At  the  place  where  it  is  proposed  to  cross  the  Genesee  river,  Gene9eo  rirer. 
the  surface  of  the  stream  is  10  feet  below  the  level  of  the  lower 
end  of  the  still  water,  which  place  is  3  miles  higher  up  the  river ; 
and  it  is  proposed  to  raise  a  dam  of  10  feet  high,  which  will  ex- 
tend the  still,  which  begins  at  Willi  am  sburgh,  down  to,  and  con- 
nect it  with  the  canal.  The  canal  entering  the  river  is  objec- 
tionable ;  but  the  river  never  rises  higher  than  about  4  feet  at 
this  place,  and  the  flats  on  each  side  will  admit  of  the  dam  being 
made  to  act  as  a  waste-wier  of  full  25  chains,  long,  so  that  the 
rise  of  the  water  would  perhaps  never  amount  to  2  feet.  A  small 
guard  lock  on  each  side  of  the  river  would  be  necessary.  A 
very  little  deep  cutting  will  now  be  sufficient  to  carry  the  canal 
eastward,  in  a  very  direct  course,  for  3  miles,  where  4G  feet  must 
be  locked  down.  A  level  is  now  to  be  pursued,  and  the  nexi 
difficulty  is  the 

Irondequot  Embankment. 

To  pass  the  Irondequot  valley,  a  high  aqueduct  bridge  and  Irondequc* 
embankment  is  necessary.  The  whole  length  of  the  top  of  the  einbankraen£* 
worn,  w  ill  exceed  a  quarter  of  a  mile,  and  the  surface  of  the  wa- 
ter in  the  canal  be  near  70  feet  above  the  water  in  the  stream  be- 
low. The  distance  over  the  water  2  chains  and  70  links,  on 
each  side  of  which  the  ground  soon  rises  up  to  within  40  feet  of 
the  height  of  the  canal. 


The  irmvjrempu*  ot"  (his  is  in  o  book  a».  Nrw-York,  and  mav  not  be  correctly  st?'ed  hen 

19 


CANAL  LAWS,  &c 


1816. 

v — y  f  Boyle  Summit. 

Route  j»ummit. 

Near  the  east  side  of  the  town  of  Perrinton,  once  Boyle,  is  the 
summit  between  the  waters  of  the  Irondequot  and  Mud  creek. 
This  summit  is  a  swamp,  extending  nearly  east  and  west  for  more 
than  6  miles  ;  and  it  is  very  little  lower  at  the  east  end  where  the 
stream  enters  Mud  creek,  than  in  the  middle,  where  the  water 
runs  both  ways.  At  Mud  creek  (if  the  stream  should  prove  in- 
sufficient) lockage  water  may,  with  little  expense,  be  brought 
from  above  the  Manchester  factory  out  of  the  Canandaigua 
outlet. 


Mud  Creek  Valley^ 

Has  been  examined  down  to  the  village  of  Lyons,  where  Ca- 
nandaigua outlet  enters  it,  and  lias  been  found  very  favorable; 
great  part  of  the  distance  capable  of  being  excavated  with  the 
minimum  depth  of  cutting.  From  Lyons  to  the  Cayuga  marsh- 
es has  not  been  examined,  as  no  difficulties  were  admitted  by 
any  one  to  exist.  It  is  said  that  the  flats  on  this  stream  are  in 
some  places  three  miles  wide,  and  may  perhaps  admit  of  the  ca- 
nal being  led  so  far  south  of  the  block-house  as  to  be  very 
straight. 


BENJAMIN  WRIGHT'S  STATEMENT, 


Mr.  Wright's  *n  g*vmg  a  general  view  of  the  difficulties  and  obstacles,  and 
statement.  ^  estimate  of  the  expense  of  making  the  canal,  on  that  part  of 
the  route  examined  by  myself,  I  must  premise  that  accuracy  in 
the  estimates  cannot  be  expected.  A  general  description  of  the 
country,  will  no  doubt  enable  every  person  to  form  his  own  es- 
timate. 

From  Cayuga  From  Cayuga  outlet  (or  Seneca  river)  to  Rome,  the  face  of 
outlet  to  Rome.  fae  country  has  a  general  declivity  northerly,  and  admits  of  such 
levels  to  be  pursued  as  shall  unite  economy  with  advantages 
The  mean  depth  of  excavation  will  be  five  feet,  or  the  depth  of 
the  canal ;  and  any  variation  from  this  depth,  will  be  done  to 
shorten  the  length  of  the  canal. 
Oaei<ia  ;reck.  The  aqueduct  over  the  Oneida  creek,  is  the  only  one  of  any 
height,  and  this  may,  and  probably  will  be  avoided,  by  running 


CANAL  LAWS,  fc* 


the  level  up  the  valley  of  Oneida  creek,  and  crossing  the  creek  1816. 

higher  up,  so  as  to  gain  the  advantage  of  descent  in  the  creek,  v  v — 

and  save  embankment ;  and  this  would  also  unite  other  advanta- 
ges ;  it  would  carry  the  canal  more  into  the  interior  of  the  coun- 
try, and  save  length  of  feeder. 

If,  however,  it  should  be  thought  best  to  proceed  directly 
across  the  Oneida  creek,  without  winding  up  the  valley,  as  ha- 
been  suggested  above,  the  length  of  embankment  and  aqueduct 
would  be  24  rods  or  396  feet  long,  and  20  to  26  feet  high. 

All  the  other  large  streams  are  passed  without  embankment 
worthy  of  much  notice  ;  and  some  of  them  must  be  passed  by 
dams  thrown  across  the  stream,  and  the  level  of  the  water  in  the 
stream  brought  upon  a  level  of  the  water  in  the  canal,  and  a 
large  waste  made  immediately  against  it,  so  as  to  discharge  free- 
ly all  the  surplus  water. 

In  passing  some  of  the  small  streams,  some  few  small  embank- 
ments must  be  made,  to  prevent  a  too  serpentine  course.  Be- 
tween Cayuga  outlet  and  the  summit  at  Rome,  as  I  pursued  the 
level  in  1812, 1  foun  J  the  distance  SO  miles,  by  measure.  This 
distance  can,  and  no  doubt  will  be  shortened,  by  some  cuts  a  lit- 
tle deeper  than  the  mean  depth,  which  will  be  made  with  a  view 
to  shorten  the  length. 

Admitting,  however,  that  this  part  of  the  canal  shall  be  89 
miles,  the  estimation  of  expense  may  be  as  follows  : 

89  miles  of  excavation,  allowing  28,160  cubic  yards  Estimate 

of  earth  to  each  mile,  at  ISf  cents  per  yard,  is  expense. 

5,250  dollars  per  m>,  or  $ '467,250 
Lockage  for  40  feet,  the  diriej  ?nce  between  the  level  of 

Rome  and  Cayuga,  at  1000  dollars  per  foot,  40,000 
Deep  cutting  for  half  a  mile,  equal  to  an  average  of 

eight  feet,  which  is  done  to  shorten  the  length  of  the 

canal  two  miles,  4,000 
Aqueducts  over  streams,  and  embankments,  which  can- 
not be  estimated  correctly,  but  which  I  will  say  (and 

it  will  be  a  liberal  estimation)  200,000 
Bridges  for  roads,  and  to  connect  farms,  I  will  put 

down  at  50,00© 
Excavating  canal  at  Rome,  say  4.000 
From  Rome  eastward  to  the  Little  Falls,  very  little  il 

any  more  than  the  mean  depth  of  excavation  would 


148 


CANAL  LAWS,  &c , 


1816.        be  required ; — distance  39  miles,  at  the  price  of  5,250 
— v— J     dollars  per  mile,  204,750 
For  aqueducts,  embankments,  &c.  100,000 
Bridges,  &c.  25,000 
Lockage  from  Rome  to  the  Little  Falls,  59  feet,  at 

,  $1,000  per  foot,  59,000 
Blowing  rocks,  embankment,  and  whole  work  about 

Little  Falls,  I  estimate  at  100,000 
From  Little  Falls  eastward  is  generally  good,  but  will 
require  some  embankment  and  aqueduct,  over  sever- 
al considerable  streams,  which  fall  into  the  Mohawk 
river  between  that  point  and  Schoharie  creek,  dis- 
tance 29  miles,  at  7.000  dollars  per  mile  for  excava- 
tion, owing  to  some  rather  bluff  points  of  land  mak- 
ing down  to  the  edge  of  the  water,  203,000 
Lockage,  40  feet,  to  level  of  Schoharie  creek,  at  1000 

dollars  per  foot,  40,000 
Aqueducts,  embankments,  &ic.  120,000 
Bridges,  he.  15,000 


$1,632,000 

From  Sche-  Thus  far  I  am  confident  the  above  estimation  will  exceed  the 
Hudesonrrfver!°exPenditure  necessary  to  make  a  perfect  work.  It  is  difficult  to 
proceed  with  any  accuracy  in  estimating  the  probable  expense 
on  the  route  from  the  Schoharie  creek  to  the  Hudson  river. — 
This  is  the  most  difficult  and  expensive  part  of  the  route,  and  re- 
quires much  examination  and  comparative  estimates  of  the  differ- 
ent plans  which  can  be  suggested,  and  to  endeavor  to  unite  econo- 
my with  usefulness,  as  much  as  possible. 
Estimate,  &c.  If  I  am  not  misinformed,  Mr.  Weston,  a  very  able  engineer, 
made  an  estimate  of  locking  from  half  a  mile  above  the  Cohoes 
to  the  Hudson  river,  at  252,000  dollars.  This  is  probably  a  more 
expensive  part  than  the  average  ;  and  if  we  say  that  a  canal 
can  be  made  from  Schoharie  creek  to  Hudson  river,  a  distance  of 
40  miles,  for  the  sum  of  $1,368,000,  this  will  make  the  round 
sum  of  2,000,000 

Add  for  contingencies  and  superintendents,  &c.  &c. 

one  fourth  500,000 


#2,500,000 


CANAL  LAWS,  &c. 


149 


Bill  brought  in. 


Ordered,  That  leave  be  given  to  bring  in  >uch  a  bill.  1816. 
Mr.  Van  Rensselaer,  according  to  leave,  brought  in  the  said 
>ill,  entitled  "  an  act  for  improving  the  internal  navigation  of  this 
state"  which  was  read  the  first  time,  and  by  unanimous  consent, 
was  also  read  a  second  time  and  committed  to  a  committee  of 
the  whole  house. 

Ordered,  That  the  usual  number  of  copies  of  the  said  report,  Copies  printed, 
ill  and  certain  amendments  accompanying  the  same,  be  printed 
or  the  use  of  the  legislature. 


In  Assembly,  March  29,  1816. 
Mr.  Van  Rensselaer  made  a  motion  that  the  house  should  „  Mr:  YM 

Rensselaer's 


ree  that  the  unfinished  business  of  yesterday  be  laid  upon  the  motion  negati 
ible  for  the  purpose  of  resolving  itself  into  a  committee  of  the  V€t ' 
hole  on  the  bill,  entitled  "  an  act  for  improving  the  internal  na- 
vigation of  this  state." 

Debates  were  had  upon  the  said  motion  of  Mr.  Van  Rensse- 
aer,  and  the  question  having  been  put,  whether  the  committee 
uld  agree  thereto,  it  passed  in  the  negative. 

The  ayes  and  noes  were  called  for  by  Mr.  Van  Rensselaer,  se-  Divisioa. 
onded  by  Mr.  Powers,  and  were  as  follows,  to  wit. 


For  the  Negative. 


Mr.  A.  Adams, 

Mr.  M'Chestney, 

Mr.  Barstow, 

Mr.  M'Fadden, 

Mr.  Beach, 

Mr.  Miles, 

Mr.  J.  Brown. 

Mr.  A.  Miller, 

Mr.  Carman, 

Mr.  G.  Miller, 

Mr.  Chapin, 

Mr.  Millimen, 

Mr.  Child, 

Mr.  Mores, 

Mr.  Christir. 

Mr.  Osborn, 

Mr.  Cole, 

Mr.  Palmer, 

Mr.  Coursen. 

Mr.  Parks, 

Mr.  Cramer. 

Mr.  Porter, 

Mr.  Doty, 

Mr.  Reid, 

Mr.  Fellows, 

Mr.  Russell, 

Mr.  Fryer, 

Mr.  Sanford, 

Mr.  Ganson. 

Mr.  Sprague, 

150 


c  anal  laws,  he. 


Mr.  Stebbins, 
Mr.  Stevenson, 
Mr.  Strong, 
Mr.  B.  F.  Thompson, 
Mr.  Van  Slyck, 
Mr.  Webster, 
Mr.  Westbrook, 
Mr.  Weston, 
Mr.  J.  Whiting, 
Mr.  M.  Whiting, 
Mr.  Williams, 
Mr.  Wilson. 

55 


For  the  Affirmative. 


Mr.  T.  Adams, 

Mr.  Isaacs, 

Mr.  Ballard, 

Mr.  Jay, 

Mr.  Barney, 

Mr.  Lawyer, 

Mr.  Bayley, 

Mr.  H.  B.  Lee, 

Mr.  Blauvelt, 

Mr.  M'Combs, 

Mr.  Bouck, 

Mr.  Morrison, 

Mr.  Brasher, 

Mr.  Oakley, 

Mr.  Brayton, 

Mr.  Ostrander, 

Mr.  0.  Brown, 

Mr.  Powers. 

Mr.  T.  Brown, 

Mr.  Rawson, 

Mr.  Burt, 

Mr.  Re  Qua, 

Mr.  Campbell, 

Mr.  Roggen, 

Mr.  Carll, 

Mr.  Rose, 

Mr.  Curtiss, 

Mr.  Sanger, 

Mr.  Dill, 

Mr.  B.  Smith, 

Mr.  Duer, 

Mr.  I.  Smith, 

Mr.  Ford, 

Mr.  Jesse  Smith, 

Mr.  Freligh, 

Mr.  Joseph  Smith, 

Mr.  G.  Hall, 

Mr.  W.  Thompson, 

Mr.  Hamilton,  , 

Mr.  Vanderpoel, 

Mr.  Hill, 

Mr.  Van  Rensselaer, 

Mr.  Hoffman, 

Mr.  Van  Wyck, 

Mr.  Hopkins, 

Mr.  Warner. 

1816.  Mr.  Gere, 

^  j\jr>  Green, 


Mr.  Gregory, 

Mr.  Halsey, 

Mr.  Harris, 

Mr.  Holley, 

Mr.  Jones, 

Mr.  Kelsey, 

Mr.  Knickerbacker, 

Mr.  Laight, 

Mr.  Leavenworth, 

Mr.  T.  Lee, 

Mr.  Livingston, 


CANAL  LAWS,  & 


151 


In  Assembly,  April  o,  1814.  1^16- 

v  v  ' 

The  house  then  resolved  itself  into  a  committee  of  the  whole,  Proceeding*  on 
on  the  bill,  entitled  "  an  act  for  improving  the  internal  naviga- 
tion of  this  state ,"  and  after  some  time  spent  thereon,  Mr.  Speak- 
er resumed  the  chair,  and  Mr.  Duer,  from  the  said  committee, 
reported,  that  in  proceeding  on  the  said  bill,  and  after  the  same 
had  been  read  through  in  the  committee,  the  first  enacting  clause 
thereof  having  been  amended,  was  again  read,  in  the  words  fol- 
lowing, to  wit : 

[For  a  Synopsis  of  the  bill,  as  it  passed  the  Assembly,  see 
postea.] 

That  Mr.  Van  Home  made  a  motion,  that  the  committee   Mr  Van 
should  agree  to  strike  out  of  the  said  clause  the  words  following,  Home's  motjou 

°  °'  negatived. 

to  wit : 

"  And  they  may,  if  they  should  deem  it  advisable,  as  soon  as 
:  may  be  convenient,  purchase  from  the  president  and  directors  of 
the  Western  Inland  Navigation  Company,  all  their  right,  title, 
interest,  property,  claim  and  demand  of,  in  and  to  the  locks, 
D  canals  and  other  real  estate,  together  with  all  and  singular  the 
rights,  privileges  and  immunities  to  them  belonging,  or  attach- 
ed to  the  said  canal,  for  any  sum  not  exceeding  one  hundred  and 
forty  thousand  dollars  ;  and  as  soon  as  they  obtain  possession 
thereof,  they  shall  take  the  charge  and  management  of  the  said 
canals,  locks,  lands  and  other  property  so  purchased,  as  part  of 
the  inland  navigation  of  this  state;  and  may  impose  such  rates 
of  toll,  payable  at  the  several  locks,  on  all  boats  and  property 
passing  through  them,  whether  those  acquired  by  such  purchase, 
or  hereafter  to  be  erected,  or  either  of  them,  as  they  may  think 
proper,  subject,  however,  to  the  control  of  the  legislature  as  to 
amount,  and  to  apply  the  said  tolls  to  the  improvement  of  the 
said  navigation."  # 

That  debates  were  had  upon  the  said  motion,  and  the  question 
having  been  put  whether  the  committee  would  agree  thereto,  it 
passed  in  the  negative. 

That  the  ayes  and  noes  were  called  for  by  Mr.  Van  Home,  DWoA. 
econded  by  Mr.  Isaacs,  and  w  ere  as  follows,  to  wit  : 


152 


CANAL  LAWS,  fcc. 


1816.  For  the  Negative. 
 ^  ,  / 


Mr.  T.  Adams, 

Mr.  Leavenworth, 

Mr.  Ballard, 

Mr.  H.  B.  L  e, 

3\Ir.  Barney, 

Mr.  Livingston, 

Mr.  Bayley, 

Mr.  M'Chestney. 

Mr.  Beach, 

Mr.  M'Combs, 

Mr.  Blauvelt, 

Mr.  M'Fadden, 

IMr.  Bouck, 

Mr.  Metcalf, 

Mr.  Bray  ton, 

Mr.  Milliman, 

Mr.  O.  Brown, 

Mr.  Mooers, 

Mr.  Campbell, 

Mr.  Morris, 

Mr.  Chapin, 

Mr.  Morrison, 

Mr.  Child, 

Mr.  Osborn, 

IMr.  Cramer, 

Mr.  Ostrander. 

Mr.  Crippin, 

Mr.  Palmer, 

Mr.  Dewey, 

Mr.  Parks, 

Mr.  Ford, 

Mr.  Porter, 

Mr.  Freligh, 

Mr.  Powers, 

Mr.  Fryer, 

IMr.  Rawson, 

Mr.  Ganson, 

Mr.  Reid, 

Mr.  Gere, 

Mr.  Roggen, 

Mr.  Green, 

Mr.  Rose, 

Mr.  Gregory, 

Mr.  Russell, 

Mr.  G.  Hall, 

IMr.  Sanger, 

Mr.  N.  Hall, 

IMr.  Schoolcraft, 

Mr.  Halsew 

Mr.  B.  Smith, 

Mr.  Harris, 

Mr.  I.  Smith, 

Mr.  Hayes, 

Mr.  Jesse  Smith, 

Mr.  Hill, 

Mr.  Joseph  Smith, 

Mr.  Hilton, 

Mr.  Speaker, 

T»/r       tt  re 

Mr.  Hoffman, 

Mr.  Sprague, 

Mr.  Holley, 

llf          cy . 

Mr.  Stevenson, 

Mr.  Hopkins, 

Mr.  Strong, 

Mr.  Jackson, 

Mr.  Taylor, 

Mr.  Jay, 

Mr.  W.  Thompson, 

Mr.  Jones, 

Mr.  Van  Rensselaer, 

Mr.  Judd, 

Mr.  Van  Wyck, 

Mr.  Kelsey, 

Mr.  Warner, 

Mr-  Kissam, 

Mr.  Webster, 

Mr.  Knickerbocker, 

Mr,  William?, 

CANAL  LAWS,  fcc,  15 3 

1S1G. 


S3. 


Mr. 

Laight, 

Mr.  Wilson, 

Mr. 

Larzelere, 

Mr.  Wynkoop, 

Mr. 

Lawyer, 

For 

the  Affirmative. 

Mr. 

J.  Brown, 

Mr.  Fellows, 

Mr. 

Burt, 

Mr.  Isaacs, 

Mr. 

Carll, 

Mr.  Requa, 

Mr. 

Carman, 

Mr.  Sanford, 

Mr. 

Christie, 

Mr.  Stebbins, 

Mr. 

Cole, 

Mr.  Van  Home. 

Mr. 

Coursen. 

Mr.  Van  Slyck, 

Mr. 

Doty, 

Mr.  M.  Whiting, 

10. 


Mr.  Duer  further  reported  progress  and  asked  for  and  obtain* 
d leave  to  sit  again. 


In  Assembly,  April  5,  1S1G. 
The  house  then  resolved  itself  into  a  committee  of  the  whole.  Proceeding* 

■  on  the  bill. 

n  the  bill,  entitled  "  an  act  for  improving  the  internal  navigation 
f  this  state"  and  after  some  time  spent  thereon,  Mr.  Speaker 
esumed  the  chair,  and  Mr.  Bouck,  from  the  said  committee,  re- 
torted, that  in  further  proceeding  on  the  said  bill,  the  first  enact- 
Dg  clause  thereof  w  as  again  read,  in  the  words  following,  to  wit : 
[Here  followed  the  section — see  Synopsis,  postea.~\ 

That  Mr.  Duer  then  made  a  motion,  that  the  committee  should  2[Swm55S 
igree  to  strike  out  of  the  said  clause  the  words  following,  to  wit : 

"  And  may  commence  the  construction  and  formation  thereof, 
t  such  times  and  in  such  places  as  they  deem  most  beneficial  to 
he  state." 

That  debates  were  had  upon  the  said  motion,  and  the  question 
aving  been  put  whether  the  committee  would  agree  thereto,  it 
assed  in  the  negative. 

That  the  ayes  and  noes  were  called  for  by  Mr.  Duer,  seconded  DM** 
'  y  Mr.  Van  Wyck,  and  were  as  follows,  to  wit : 

For  the  Xcgative, 
Sir.  A.  Adams,  Mr.  Laight. 

Mr.  T.  Adams,  Mr.  Larzelere, 

Mr.  Ballard,  Mr.  Leavenworth. 

Mr.  Barney,  Mr,  T.  Lee, 

20 


CANAL  LAWS,  fcc, 


Mr.  Bayley, 

Mr.  M'Chestney, 

Mr.  Beach, 

Mr.  M'CombSy 

Mr.  Bray  ton, 

Mr.  G.  Miller, 

Mr.  J.  Brown, 

Mr.  Mooers, 

Mr.  O.  Brown, 

Mr.  Morris, 

Mr.  Campbell, 

Mr.  Morrison, 

Mr.  Christie, 

Mr.  Osborn, 

Mr.  Cramer, 

Mr.  Ostrander, 

Mr.  Crippen, 

Mr.  Palmer, 

Mr.  Dewey, 

Mr.  Parks, 

Mr.  Dill, 

Mr.  Roggen, 

Mr,  Ford, 

Mr.  Rose, 

Mr.  Freeligh, 

Mr.  Russell, 

Mr.  Fryer, 

Mr.  Sanger, 

Mr.  Ganson, 

Mr.  Schoolcraft,, 

Mr.  Gere, 

Mr.  Joseph  SmithT 

Mr.  Green, 

Mr.  Sprague, 

Mr.  Gregory, 

Mr.  Strong, 

.  Mr.  G.  Hall, 

Mr.  Taylor, 

Mr.  N.  Hall, 

Mr.  Van  Home, 

Mr.  Halsey. 

Mr.  Van  Rensselaer, 

Mr.  Harris, 

Mr.  Warner, 

Mr.  Hayes, 

Mr.  Webster, 

Mr.  Holley. 

Mr.  Westbrook, 

Mr.  Hopkins, 

Mr.  Weston, 

Mr.  Jackson, 

Mr.  J.  Wniting, 

Mr.  Jay? 

Mr.  Williams, 

Mr.  Judd, 

Mr.  Wilson, 

Mr.  Kelsey, 

Mr.  Wynkoop, 

Mr.  Knickerb acker, 

For  the  Jlffir marine . 

Mr.  Barstow, 

Mr.  MillimaiV 

Mr.  T.  Brown, 

Mr.  Munroe, 

Mr.  Burt, 

Mr.  Oakley, 

Mr.  Carll, 

Mr.  Porter. 

Mr.  Carman, 

Mr.  Powers, 

Mr.  Coursen, 

Mr.  Rawson, 

Mr.  Curtiss, 

Mr.  Reid, 

im>  Doty, 

Mr.  Reqiu. 

CANAL  LAWS,  fcc. 


Mr.  Duer,  Mr.  Sanford,  1310 

Mr.  Fellows,  Mr.  I.  Smith,  ^  C" 

Mr.  Hamilton,  Mr.  Jesse  Smith, 

Mr.  Hoffman,  Mr.  Speaker, 

Mr.  Isaacs,  Mr.  Stebbins, 

Mr.  Jones,  Mr.  Stevenson, 

Mr.  Kimball,  Mr.  B.  F.  Thompson. 

Mr.  Kissam,  Mr.  Vanderpoel, 

Mr.  Lawyer,  Mr.  Van  Slyck, 

Mr.  H.  B.  Lee,  Mr.  Van  Wyck, 

Mr.  Livingston,  Mr.  M.  Whiting, 

Mr.  Metcalf,  Air.  Woodward.  41. 

Mr.  Miles, 

Mr.  Bouck  further  reported  progress  and  asked  for  and  ob- 
tained leave  to  sit  again. 


In  Assembly,  April  10,  181G. 

The  house  then  resolved  itself  into  a  committee  of  the  whole,  Proceedings 
on  the  bill,  entitled  "  an  act  for  improving  the  internal  navigation™ the  bllU 
of  this  stated  and  after  some  time  spent  thereon,  Mr.  Speaker  re- 
sumed the  chair,  and  Mr.  Ostrander  from  the  said  committee,  re- 
ported, that  in  further  proceeding  on  the  said  bill,  the  first  enact- 
ing clause  thereof  was  again  read,  in  the  words  following,  to  wit : 

[Here  followed  the  section — see  Synopsis,  postea.~] 

That  thereupon,  Mr.  Duer  made  a  motion  to  strike  out,  after   Mr.  Duer'* 
the  word  "  Assembly"  all  the  remainder  of  the  said  clause,  and  troduced  and 
to  receive  in  lieu  thereof,  and  as  a  substitute  for  the  whole  of  the  De5atived- 
said  bill,  the  words  following,  to  wit : 

That 

be  and  they  are  hereby  appointed  commissioners  to  consider,  de- 
vise and  adopt  such  measures  as  may  or  shall  be  requisite  to  fa- 
cilitate and  effect  the  communication,  by  means  of  canals  and 

;  locks,  between  the  navigable  waters  of  the  Hudson  river,  and 
Lake  Erie,  and  the  said  navigable  waters  and  Lake  Champlain  : 
\nd  in  case  of  the  resignation  or  death  of  any  of  the  said  com- 

[i  missioners,  the  vacancy  thereby  occasioned  shall  be  supplied  by 

f  he  person  administering  the  government  of  this  state. 

II.  And  be  it  further  enacted.  That  the  said  commissioners 

•  -tinll  choose  one  of  their  number  to  be  president  of  their  boan' 


1S§ 


CANAL  LAWS,  kc. 


1816.  and  shall  appoint  a  fit  person  for  their  secretary,  who  shall  be 
— v— '  allowed  and  paid  such  salary  as  the  said  commissioners  shall 
deem  proper  and  reasonable  ;  and  the  president  of  the  said  board 
of  commissioners  shall  have  power  to  call  a  meeting  of  the  same, 
whenever,  in  his  opinion,  the  public  interests  require  it ;  and  the 
said  board  may  adjourn  from  time  to  time,  to  meet  at  any  time 
and  place  they  may  deem  most  conducive  to  the  public  good : 
And  further,  The  said  commissioners  shall  have  power  to  employ 
such  and  so  many  agents,  engineers,  surveyors,  draftsmen,  and 
other  persons  as  in  their  opinion  may  be  necessary  to  enable 
them  to  fulfil  and  discharge  the  duties  imposed  upon  them  by 
this  act ;  and  to  allow  and  pay  to  the  said  agents,  engineers, 
surveyors,  draftsmen  and  other  persons,  for  their  respective  ser- 
vices, such  sum  or  sums  as  ma}'  be  adequate  and  reasonable. 

III.  And  be  it  further  enacted.  That  it  shall  be  the  duty  of  the 
said  commissioners,  as  soon  as  may  be  after  the  passing  of  this 
act,  to  cause  those  parts  of  the  territory  of  this  state  which  may 
be  upon  or  contiguous  to  the  probable  courses  and  ranges  of  the 
said  canals,  to  be  explored  and  examined  for  the  purpose  of  fixing 
and  determining  the  most  eligible  and  proper  routes  for  the  same, 
and  to  cause  all  necessary  surveys  and  levels  to  be  taken,  and 
accurate  maps,  field-books  and  drafts  thereof  to  be  made,  and 
further  to  adopt  and  recommend  proper  plans  for  the  construc- 
tion and  formation  of  the  said  canals,  and  of  the  locks,  dams,  em- 
bankments,  tunnels  and  aqueducts  which  may  be  necessary  for 
the  completion  of  the  same,  and  to  cause  all  necessary  plans,  i 
drafts  and  models  thereof  to  be  executed  under  their  direction. 

IV.  And  be  it  further  enacted,  That  the  said  commissioners,  1 
or  a  majority  of  them,  shall  be  and  the}7  are  hereby  authorised  i 
and  required  to  make  application  in  behalf  of  this  state,  to  the 
government  of  the  United  States,  and  of  such  states  and  territo- 1 
ries  as  may  be  benefited  by  the  said  canals,  or  either  of  them; 
to  the  proprietors  of  lands  through  or  near  which  the  said  canals 
or  either  of  them  may,  or  may  be  proposed,  to  pass ;  to  all  bodies  • 
politic  and  corporate  public  or  private ;  and  all  citizens  or  inhabi- 
tants  of  this  or  any  other  of  the  United  States,  for  cessions,  grant 
or  donations  of  land  or  money,  for  the  purpose  of  aiding  in  the 
construction  or  completing  of  both  or  either  of  the  saigj  canals,  ac- 
cording to  the  discretion  of  the  several  grantors  or  donors,  and 
to  take  to  the  people  of  this  state,  such  grants  and  conveyances  as 


(  ANAL  LAWS,  &c. 


may  be  proper  and  competent  to  vest  a  good  and  sufficient  title  1816. 
in  the  said  people  to  the  lands  so  to  be  ceded  or  granted  as  afore-  v  v 
■aid  ;  and,  for  the  purposes  above  mentioned,  it  shall  be  the  duty 
of  the  said  commissioners  to  open  books  of  subscription  in  such 
and  so  many  places  as  they  may  think  necessary  and  expedient, 
and  under  such  rules  and  regulations  as  they  may  from  time  to 
time  establish  :  And  furtitcr,  It  shall  be  their  duty  to  ascertain 
whether  to  any,  and  to  what  amount,  and  upon  what  terms,  loans 
of  money  may  or  can  be  procured,  on  the  credit  of  this  state,  for 
the  purposes  aforesaid. 

V.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
said  commissioners,  to  make,  or  cause  to  be  made,  with  as  much 
accuracy  and  minuteness  as  may  be,  calculations  and  estimates 
of  the  sum  or  sums  of  money  which  may  or  will  be  necessary  for 
completing  each  of  the  said  canals,  according  to  the  plan  or  plans 
which  may  be  adopted  and  recommended  by  them,  for  the  con- 
struction or  formation  of  the  same,  and  to  cause  the  said  calcula- 
tions and  estimates,  and  all  surveys,  maps,  field-books,  plans, 
drafts  and  models,  authorised  and  directed  by  this  act.  or  so  many 

!  thereof  as  may  be  completed,  together  with  a  plain  and  compre- 
(  hensive  report  of  all  their  proceedings  under  or  by  virtue  of  this 
act,  to  be  presented  to  the  legislature  of  this  state,  within  twenty 
days  after  the  commencement  of  the  next  regular  annual  session 
thereof. 

VI.  And  be  it  further  enacted,  That  the  act,  entitled  "  an  act 
to  provide  for  the  improvement  of  the  internal  navigation  of  this 
state,  passed  the  8th  day  of  April,  1S11,  be  and  the  same  is  here- 
by repealed. 

VII.  And  be  it  further  enacted,  That  in  order  to  carry  this  act 
into  full  and  complete  effect,  the  said  commissioners  be  and  they 
are  hereby  authorised  to  borrow,  on  the  credit  of  this  state,  any 
sum  or  sums  of  money,  not  exceeding  in  the  whole  the  sum  of 

I  dollars,  at  a  rate  of  interest,  not  exceeding        per  centum  per 
(  annum,  for  which  transferable  certificates  of  stock  shall  be  issu- 
i  ed  by  the  comptroller  ;  and  for  the  repayment  of  each  and  every 
such  sum  or  sums  of  money  so  to  be  received  by  loan  as  aforesaid, 
and  for  the  regular  discharge  of  interest  thereupon,  provision 
shall  be  hereafter  made  by  law ;  and  it  shall  be  the  duty  of  the 
said  commissioners  to  account  with  the  comptroller  for  all  monies 
!  received  under  or  by  virtue  of  this  act. 


CANAL  LAWS,  &c. 

That  debates  were  had  thereon,  and  the  question  having  been 
put  whether  the  committee  would  agree  thereto,  it  passed  in  the 
negative. 

That  the  ayes  and  noes  having  been  called  for  by  Mr.  Van 
Rensselaer,  seconded  by  Mr.  Oakley,  were  as  follows,  to  wit : 


For  the  Negative. 


Mr.  T.  Adams, 

Mr.  T.  Lee, 

cc 

jodriieVj 

cc 

Lynch, 

Bayley, 

ft 

1V1  Unestne}', 

it 

Beach, 

cc 

ivi  oomDs, 

(t 

Brayton, 

cc 

ivi  r  auucii, 

O.  Brown, 

If 

(jr.  Miller, 

Cnapin, 

Mooers, 

L/hila, 

cc 

Morris, 

CC 

Christie, 

cc 

J.Y1UI  1  lbUU, 

f  ( 

Cramer, 

it 

Osborn, 

a 

Curtiss, 

u 

T-*«i  1  mm* 
X  tUIIl t  1  . 

Dill, 

(( 

Rose, 

cc 

Ford, 

(  ( 

Sanger, 

Freligh, 

cc 

Schoolcraft, 

Fryer, 

cc 

"R  <5m;tV. 

(janson, 

a 

Jesse  Smith, 

cc 

Gere, 

cc 

tlUscpil  Oulllll, 

CC 

Gregory, 

cc 

Sprague, 

K 

G.  Hall, 

cc 

Strong, 

CC 

N.  Hall, 

cc 

Taylor, 

CC 

Hilton, 

cc 

W.  Thompson, 

a 

Holley, 

cc 

Vanderpoel, 

CI 

Hopkins, 

cc 

Van  Rensselaer, 

« 

Jay, 

cc 

Warner, 

cc 

Judd, 

cc 

Webster, 

cc 

Kelsey, 

cc 

Weston, 

cc 

Knickerbacker, 

u 

J.  Whiting, 

cc 

Laight, 

cc 

Whittemore, 

cc 

Larzelere, 

cc 

Wilson, 

cc 

Leavenwdrtb, 

cc 

W\  nkoop,  60 

CANAL  LAWS,  kc 


For  the  Affirmative.  1816. 


Jr. 

A.  Adams, 

Mr.  H.  B.  Lee, 

cc 

Ballard, 

"  Metcalf, 

M 

Barstow, 

"  Miles, 

ci 

Blauvelt, 

"  A.  Miller, 

H 

Bouck, 

*•  Milliman. 

ii 

Brasher, 

ki  Oakley, 

ic 

T.  Brown, 

<e  Parks, 

ii 

Burt, 

"  Porter, 

ii 

Campbell, 

"  Powers, 

u 

Carll, 

M  Rawson, 

II 

Carman, 

u  Requa 

(C 

Coursen, 

*:  Ro£c:en. 

CO  » 

II 

Crippen. 

"  Russell, 

II 

Dewey, 

"  Sanford, 

II 

Doty, 

"  I.  Smith. 

eg 

Duer, 

l| 

Hamilton, 

"  Stebbin- 

II 

Havp^ 

O  IC  VCIISUIJ. 

U 

Hill,  • 

"    Van  HfiTTif 

ti 

Hoffman. 

Van  Sly ck, 

ti 

Isaacs, 

•  Van  Wyck 

ii 

Jackson, 

"  Westbrook. 

i| 

Jones, 

"  M.  Whiting', 

N 

Kimball, 

"  Williams, 

II 

Kissam, 

"  Woodward. 

(( 

Lawyer, 

That  in  further  proceeding  on  the  said  bill,  Mr.  Oakley  made  Mr.Oaklej  - 
a  motion  that  the  committee  should  agree  to  add  to  the  said  first  ™^on  negal1' 
enacting  clause,  after  the  word  "  state  "  being  the  last  word  of  an 
amendment  previously  agreed  to,  a  proviso,  which  was  read  in 
the  words  following,  to  wit : 

Provided  however,  That  no  part  of  the  said  canals  or  locks 
shall  be  commenced  before  the  end  of  the  next  session  of  the  le- 
gislature. 

That  debates  were  had  upon  the  said  motion,  and  the  question 
having  been  put  whether  the  committee  would  agree  thereto,  it 
passed  in  the  negative. 

That  the  ayes  and  noes  were  called  for  by  Mr.  Duer,  seconded  tMkm*  j] 
by  Mr.  Bouck.  and  were  as  follow?,  to  wit : 


CANAL  LAWS,  tec. 


For  the  Negative* 


Mr.  T.  Adams, 

Mr.  T.  Lee, 

"  Barney, 

C  C 

Lynch, 

u  Bayley, 

M 

M'Chestney. 

"  Beach, 

M 

M'Combs, 

"  Brayton, 

CC 

M'Fadden, 

"  O.Brown. 

a 

G.  Miller, 

:i  T.  Brown. 

Morris, 

Lnapin, 

Si 

Morrison, 

B  Lnild, 

Osborn, 

Christie, 

, , 

Palmer, 

Cramer, 

cc 

Sanger, 

Dill, 

bchooJcrait, 

;;  Ford, 

B.  Smith, 

Ji  Freligh, 

Joseph  smith, 

"  Fryer, 

bprague, 

i;  Ganson, 

Strong, 

4i  Gere, 

(4 

Taylor, 

"  Gregory. 

W.  Ihompson, 

*•  G.  Hall, 

CC 

Van  Home, 

w  N.  Hall, 

Van  Rensselaer^ 

"  Holley, 

(K 

Warner, 

M  Hopkins, 

CC 

Webster, 

"  Jay, 

it 

Weston, 

"  Judd, 

cc 

J.  Whiting, 

"  Kelsey, 

Whittemore, 

"  Knickerbacker, 

CC 

Williams, 

u  Laight,  * 

Wilson, 

"  Leavenworth, 

Wynkoop,  5i 

For  the  Affirmative,, 

Mr,  A.  Adams, 

H.  B.  Lee, 

"  Ballard, 

CC 

Metcalf, 

"  Bafstow, 

CC 

Miles, 

"  Blauvelt. 

CC 

A.  Miller, 

"  Bouck, 

CC 

Millimau. 

u  Burt, 

CC 

Mooers, 

"  Campbell 

CC 

Oakley. 

"  Carll, 

Parks, 

Carman, 

Powers. 

"  Courscn,  . 

Rawson 

CANAL  LAWS,  &c. 


\lr.  (  'nppen. 

Mr. 

Requa. 

"  Curtiss. 

«; 

Roggen. 

"  Dewey, 

it 

Rose, 

<•  Doty, 

K 

Russell, 

"  Duer, 

Hi 

8  an  ford. 

"  Green, 

W 

1.  Smith, 

"  Hamilton. 

it 

Jesse  Smith. 

"  Hayes, 

Speaker, 

"  Hill, 

(I 

Stebbins, 

"  Hilton, 

II 

Stevenson. 

"  Hoffman. 

K 

Vandcrpoel. 

u  Isaacs, 

« 

Van  Slyck, 

14  Jackson, 

Van  Wyck. 

"  Jones, 

c; 

Westbrook, 

"  Kimball, 

d 

M.  Whiting. 

*:  Kissam, 

Woodward, 

"  Lawyer, 

1816. 


53 


Mr.  Ostrander  further  reported  progress,  and  asked  for  and  ob^ 
taiued  leave  to  sit  again. 


In  Assembly,  April  11,  1810. 

Proceedings 

The  house  then  resolved  itself  into  a  committee  of  the  whole,  on  the  bill, 
on  the  bill,  entitled  an  act  "for  improving  the  internal  navigation 
of  this  state"  and  after  some  time  spent  thereon,  Mr.  Speaker 
resumed  the  chair,  and  Mr.  Bouck,  from  the  said  committee,  re- 
ported, that  in  further  proceeding  on  the  said  bill,  the  first  enact- 
ing clause  thereof  was  again  read,  in  the  words  following  to  wit  : 

[Here  follows  the  section  as  before.]  Mr  Duer'« 

That  the  committee  thereupon  proceeded  to  reconsider  their  nibsti*uteJ  re: 

1        r  considered  and 

vote  of  yesterday,  by  which  they  disagreed  to  the  motion  of  Mr.  negatived. 
Duer  to  receive  a  substitute  for  the  said  bill. 

That  thereupon  Mr.  Duer  made  a  motion  that  the  committee 
should  agree  to  receive  the  said  substitute,  which  was  again  read, 
in  the  words  following,  to  wit : 

[Substitute  already  given  at  page  155] 

That  debates  were  had  thereon,  and  the  question  having  been 
put,  whether  the  committee  would  agree  thereto,  it  passed  in 
the  negative.  . 

21 


102 


CANAL  LAWS,  he. 


1816.       That  the  ayes  and  noes  were  called  for  by  Mr.  Jay,  seconded 

"~"v  '  by  Mr.  Oakley  and  were  as  follows,  to  wit : 

Division. 

For  the  Affirmative* 


Mr.  A.  Adams, 

Mr.  Lawyer, 

"  Ballard, 

55 

H.  B.  Lee, 

"  Barstow, 

55 

Miles, 

"  Blauvelt, 

55 

A.  Miller, 

?'  Brasher, 

♦5 

Milliman, 

"    J.  Brown, 

55 

Munro, 

"    T.  Brown, 

55 

Oakley, 

"  Burt, 

55 

Parks, 

"  Campbell, 

55 

Porter, 

"  Carll, 

15 

Powers, 

"  Carman, 

55 

Rawson, 

"  Cole, 

55 

Reid, 

"  Coursen, 

55 

Requa, 

"  Crippen, 

55 

Russell, 

"  Dewey, 

55 

Sanford, 

"  Doty, 

55 

I.  Smith, 

"  Duer, 

55 

Speaker, 

"  Green, 

55 

Stebbins, 

"  Hamilton, 

55 

Stevenson, 

"  Hayes, 

55 

B.  F.  Thompson. 

"  Hill, 

55 

Vanderpoel, 

"  Hoffman, 

55 

Van  Home, 

"  Holley, 

55 

Van  Slyck, 

'  Isaacs, 

55 

Van  Wyck, 

Jackson, 

?5 

Westbrook, 

'?  Kimball, 

*5 

M.  Whiting, 

"  Kissam, 

55 

Woodward. 

"  Larzelere. 

i-V  Me  Negative. 

Mr.  T.  Adams, 

Mr.  Lynch, 

"  Barney, 

55 

M'Combs, 

"  Bayley, 

M'Fadden, 

»  BeacU 

G.  Miller, 

CANAL  LAWS,  be 


163 


Mr. 

Brayton, 

*  Mr.  Mooers, 

»» 

Chapin, 

99  Morris, 

?! 

Child, 

"  Morrison. 

1> 

Christie, 

Osborn, 

?> 

Cramer, 

\  Ostrander, 

?» 

Curtiss, 

"  Palmer, 

J» 

Ford, 

*  Rose, 

?i 

Freligh, 

"  Sanger, 

}> 

Ganson, 

99  Schoolcraft, 

M 

Gere, 

"    B.  Smith, 

n 

Gregory, 

"    Joseph  Smith, 

?? 

G.  Hall, 

"  Sprague, 

!» 

N.  Hall, 

"  Strong, 

)> 

Harris, 

"  Taylor, 

S> 

Hilton, 

99    Van  Rensselaer, 

J> 

Hopkins, 

"  Warner, 

J> 

Jay, 

"  Webster, 

J) 

Kelsey, 

"  Weston, 

»5 

Knickerbacker, 

"    J.  Whiting, 

5» 

Laight, 

"  Williams, 

•5> 

Leavenworth, 

99  Wilson, 

5» 

T.  Lee, 

99  Wynkoop, 

1816. 


Mr.  Bouck  further  reported  progress 


52 


and  asked  for  and  ob- 


tained leave  to  sit  again. 


In  Assembly,  April  13,  1816.  Proceedings 
The  house  then  resolved  itself  into  a  committee  of  the  whole,  °Q 
on  the  substitute  to  the  bill,  entitled  "  an  act  for  improving  the  in- 
ternal navigation  of  this  state"  and  after  sometime  spent  thereon, 
Mr.  Speaker  resumed  the  chair,  and  Mr.  Bouck,  from  the  said  com- 
mittee, reported,  that  in  further  proceeding  on  the  same,  the  first 
enacting  clause  of  the  said  substitute  was  again  read,  in  tlie 
words  following,  to  wit:  [Substitute  already  given,  at  page  155.] 
That  Mr.  Lynch  thereupon  made  a  motion  that  the  committee 
should  agree  that  the  number  of  commissioners  with  which  the 
said  clause  in  the  said  blank  should  be  filled,  should  be  thirteen. 


CANAL  LAWS,  &c. 


1816.  That  debates  were  had  tliereon,  and  the  question  having  been 
^— '  put  whether  the  committee  would  agree  to  the  said  motion,  it 

was  carried  in  the  affirmative. 
Division.        That  the  yeas  and  noes  were  called  for  by  Mr.  Van  Rensselaer. 

seconded  by  Mr.  Oakley,  and  were  as  follows,  to  wit : 


For  the  Affirmative, 


Mr.  Barney, 

Mr. 

iVliles, 

x>eacn, 

u 

Mooers, 

'     U.  ttrown, 

(( 

Uakley, 

"    T.  Brown, 

Osborn, 

lt  Child, 

n 

Ostrander, 

"  Christie, 

ralmer, 

"  Crrppen, 

« 

Porter, 

"  Curtiss, 

a 

Powers, 

'*>  Freligh, 

a 

Reed, 

"    Cyan son, 

1 1 

Russell, 

"    G.  Hall, 

a 

I.  Smith, 

«    N.  Hall, 

tt 

Jesse  Smith, 

;  Harris, 

a 

Joseph  Smith. 

"  Hayes, 

u 

Speaker, 

M  Holley, 

tt 

Sprague, 

"  Hopkins, 

it 

Stevenson, 

"  Isaacs, 

ci 

Taylor, 

"  Jay, 

ti 

W.  Thompson, 

"  Kelsey, 

a 

Van  Rensselaer, 

u  Knickerbacker, 

it 

Webster, 

"  Laight, 

a 

Weston, 

"    T*  Lee, 

it 

J.  Whiting, 

"  Lynch, 

it 

M.  Whiting, 

"  M'Chestney, 

For  the  Negative. 

Mr.  A.  Adams, 

Mr.  Kimball, 

"  Blauvelt, 

Lawyer, 

"    J.  Brown, 

H.  B.  Lee. 

Burt, 

ii 

M'Fadden, 

"  Carll, 

u 

Metcalf, 

"  Carman, 

tt 

A.  Miller. 

(  AWL  LAWS,  toe. 


16a 


Mr. 

Chapin, 

Mr. 

Milliman, 

i< 

Cole, 

cc 

Morrison. 

Goursen, 

cc 

Munroe, 

« 

Cramer, 

ii 

Parks, 

CI 

Dewey. 

it 

Rawson, 

Dill, 

Kequa, 

Doty, 

Roggen, 

a 

Gere, 

ii 

Sanford, 

u 

Hamilton, 

ii 

Stebbins, 

u 

Hill, 

it 

Strong, 

CI 

Hoffman, 

ii 

Van  Slyck, 

Jackson, 

ii 

Van  Wyck, 

cc 

Judd, 

a 

Williams, 

Mr.  Bouck  further  reported  progress,  and  asked  for  and  ob 
tained  leave  to  sit  again. 


In  Assembly,  April  13,  1816. 
The  house  then  resolved  itself  into  a  committee  of  the  whole,  „ 

7  Procp.OQingt 

on  the  substitute  to  the  bill,  entitled  "  an  act  for  improving  the  on  the  bill. 
internal  navigation  of  this  state,"  and  after  some  time  spent  there- 
on, Mr.  Speaker  resumed  the  chair,  and  Mr.  Powers,  from  the 
said  committee,  reported,  that  in  further  proceeding  on  the  said 
bill,  Mr.  Oakley  made  a  motion  that  the  committee  should  agree  Mr.  Oakley's 
to  add  to  the  said  bill  a  clause,  which  was  read,  and  is  in  themotioacarne(k 
words  following,  to  wit : 

XIV.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of 
the  said  commissioners  to  raise  the  sum  of  two  hundred  and  fifty 
thousand  dollars,  to  be  appropriated  towards  the  making  and 
completing  of  said  canals,  from  the  village  of  Rome  to  the  Sen- 
eca river,  and  from  the  navigable  waters  of  the  Hudson  to  Lake 
Champlain,  by  causing  to  be  assessed  and  levied,  in  such  man- 
ner as  the  said  commissioners  may  determine  and  direct,  the  said 
sum  of  two  h  ldred  and  fifty  thousand  dollars,  upon  the  lands 
and  real  estate,  lying  along  the  route  of  the  said  canals,  and  with- 
in twenty-five  miles  of  the  same  on  each  side  thereof ;  which  sum 
so  to  be  assessed  and  levied,  shall  be  assessed  on  the  said  land- 
and  real  estate  adjacent  to  the  said  several  canals,  in  such  pro- 
portion for  each     the  said  commissioners  shall  determine  And 


166 


CANAL  LAWS,  fee. 


1816.  the  said  commissioners  shall  have  power  to  make  such  rules  and 
s^v-^/  regulations,  aud  adopt  such  measures  for  the  assessing,  levying 
and  collecting  of  the  said  sum  or  sums  of  money,  either  by  sale 
of  the  said  lands  or  otherwise,  as  they  shall  deem  meet ;  and  the 
said  assessment  shall  be  made  on  said  lands  according  to  the  ben- 
efit which  they  shall  be  considered  as  deriving  from  the  making 
of  the  said  canals  respectively.  Provided  however.  That  if  any 
company  or  individual  shall  be  subject  to  such  tax,  who  shall 
subscribe  any  money  or  other  property  towards  the  completion  of 
the  said  canals  and  locks,  the  amount  of  such  a  donation  or  vol- 
untary subscription  shall,  if  the  same  is  less  than  the  amount  of 
the  tax,  have  the  amount  of  such  subscription  deducted  from  his 
tax ;  if  more,  he  shall  be  entirely  discharged  from  the  said  tax. 

That  debates  were  had  thereon,  and  the  question  having  been 
put,  whether  the  committee  would  agree  thereto,  it  passed  in  the 
affirmative. 

Division.         That  the  ayes  and  noes  having  been  called  for  by  Mr.  Burt 
seconded  by  Mr.  Beach,  were  as  follows,  to  wit : 


For  the  Affirmative. 


Mr. 

A.  Adams, 

Mr.  Leavenworth. 

Mr. 

Barney, 

Mr.  H.  B.  Lee, 

Mr. 

Barstow, 

Mr.  M'Combs, 

Mr. 

Blauvelt, 

Mr.  Metcalf, 

Mr. 

Bouck, 

Mr.  A.  Miller. 

Mr. 

Brasher. 

Mr.  Mooers, 

Mr. 

T.  Brown. 

Mr.  Munro, 

Mr. 

Burt, 

Mr.  Oakley. 

Mr. 

CarU, 

Mr.  Reid, 

Mr. 

Carman. 

Mr.  Requa, 

Mr. 

Cole, 

Mr.  Roggen. 

Mr. 

Dewey, 

Mr.  Rose, 

Mr. 

Dill, 

Mr.  Sanford, 

Mr. 

Doty, 

Mr.  Schoolcraft, 

Mr. 

Duer, 

Mr.  I.  Smith, 

Mr. 

Fryer, 

Mr.  Speaker, 

Mr. 

Gregory, 

Mr.  Stebbins, 

Mr. 

Hamilton. 

Mr.  Stevenson, 

Mr. 

Hayes. 

Mr.  Strong, 

Mr. 

Hill, 

Mr.jVan  Home, 

Mr. 

Hilton, 

Mr.  Van  Rensselaer. 

Mr. 

Hoffman. 

Mr.  Van  Slyrk. 

CANAL  LAWS,  fcc. 


167 


Mr.  Isaacs, 

Mr.  Van  Wyck, 

Mr.  Jones, 

Mr.  Westbrook. 

Mr.  Kissam. 

iMr.  J.  Whiting, 

Mr.  Lawyer, 

>i  i.  iU.  Wnitinii. 

For 

the  Negative, 

Mr.  T.  Adams, 

Mr.  Knickerhackei . 

Mr.  Ballard, 

Mr.  Laighl, 

Mr.  Bay  ley, 

Mr.  Larzelerc, 

Mr.  Beach, 

Mr.  T.  Lee, 

Mr.  Brayton, 

Mr.  Lynch, 

Mr.  J.  Brown, 

Mr.  M'Chestney, 

Mr.  O.Brown, 

Mr.  M'Fadden, 

Mr.  Chapin, 

Mr.  G.  Miller, 

Mr.  Christie, 

Mr.  Milliman, 

Mr.  Cramer, 

Mr.  Morris, 

Mr.  Curtiss, 

Mr.  Morrison 

Mr.  Freligh, 

Mr.  Osborn 

Mr.  Ganson, 

Mr.  OstranJer. 

Mr.  Gere, 

Mr.  Palmer, 

Mr.  Green, 

Mr.  Parks, 

Mr.  G.  Hall, 

Mr.  B.  Smith. 

Mr.  N.  Hall, 

Mr.  Taylor, 

Mr.  Halsey, 

Mr.  W.  Thompson. 

Mr.  Harris. 

Mr.  Webster, 

Mr.  Jackson, 

Mr.  Weston. 

Mr.  Jay, 

Mr.  Williams, 

Mr  Kelscy, 

Mr.  Wilson. 

Mr.  Powers  further  roported,  that  after  the  committee  had 
gone  through  the  said  bill,  and  made  sundry  amendments  there- 
to, filled  up  the  blanks,  altered  the  title  to  "  an  act  to  provide 
for  the  improvement  of  the  internal  navigation  of  this  state  "  the 
whole  bill  was  read,  in  the  words  following,  to  wit : 

[Synopsis  of  the  bill — The  1st  section  appoints  De  Witt  Svnop  o 
Clinton,  Stephen  Van  Rensselaer,  Townsend  M'Coun,  Melanc- 
ton  Wheeler,  Henry  Seymour,  Joseph  Ellicott,  Jacob  R.  Van 
Rensselaer,  Philip  I.  Schuyler,  Samuel  Young,  Jolm  Nicholas, 
Wrilliam  Bayard,  George  Huntington  and  Nathan  Smith,  as  com- 
missioners "  to  consider,  devise  and  adopt  such  measures  as  may 
'*  or  shall  be  requisite  to  facilitate  and  effect  the  communication 
"  by  means  of  canals  and  locks,  betwppn  the  navigable  waters 

I 


168 


CANAL  LAWS,  fee. 


1816.  «  of  the  Hudson  river  and  Lake  Erie,  and  the  said  navigable 
v— '  <«  waters  and  Lake  Champlain."  The  2d  section  gives  the  com- 
missioners power  to  chose  a  President  and  Secretary,  and  to  em- 
ploy Engineers,  &c. — The  3d  section  directs  the  route  to  be 
explored  and  examined,  surveys,  levels,  maps,  and  field  books 
to  be  taken,  &c. — The  4th  section  authorises  applications  to  be 
made  to  the  governments  of  the  United  States,  of  the  states  and 
territories,  to  proprietors  of  land,  corporations  and  private  citi- 
zens, for  cessions,  grants  and  donations  of  land  or  money,  to  aid 
the  project.  Also,  subscriptions  were  to  be  opened  for  the  like 
purpose,  and  the  commissioners  were  directed  to  ascertain  whe- 
ther loans  of  money  could  be  procured,  and  on  what  terms. — 
The  5th  section  directs  estimates  of  the  expense  for  construct- 
ing the  canals  to  be  made,  and  reported  to  the  legislature. — The 
Oth  section  repeals  the  act  of  April  8,  1811. — The  7th  section 
directs  the  commissioners  to  commence  and  complete  the  ca- 
nal between  the  village  of  Rome  and  the  Seneca  river,  and  also 
between  Hudson  river  and  Lake  Champlain,  before  commencing 
the  construction  of  any  other  parts  of  the  canals,  and  to  accom- 
plish these  two  duties,  authority  is  given  to  enter  and  take  land 
by  appraisement,  &c. — The  8th  section  gives  the  commissioners 
authority  to  borrow  on  the  credit  of  this  state,  2,000,000  dollars, 
in  the  whole  at  6  per  centum  per  annum,  redeemable  at  the 
pleasure  of  the  state. — The  9th  section  limits  the  expenditures 
in  any  one  year,  to  250,000  dollars. — The  10th  section  pledges 
the  duties  on  salt,  the  rents  of  the  village  lots  in  Salina,  and 
100,000  dollars  per  year  from  the  auction  duties,  as  a  fund  for 
the  payment  of  principal  and  interest  of  the  money  to  be  bor- 
rowed under  the  8th  section,  and  it  imposes  a  duty  of  ten  cents 
per  bushel  on  all  salt  manufactured  at  the  Onondaga  salt  works, 
and  a  duty  of  seven  cents  per  bushel  on  salt  manufactured  in 
any  other  part  of  the  western  district. — The  11th  section  pro- 
vides that  the  money  to  be  borrowed  shall  be  paid  into  the  state 
treasury,  subject  to  the  drafts  of  the  commissioners,  to  an  amount 
of  not  exceeding  250,000  dollars  a  year. — The  12th  section  de- 
clares that  a  majority  of  the  commissioners  shall  constitute  a 
quorum. — The  13th  section  limits  the  duration  of  this  act  to  8 
years. — The  14th  section  provides  that  the  lands  of  individuals 
lying  within  25  miles  of  either  side  of  the  canal  from  Rome  to 
Seneca  river,  and  from  the  Hudson  to  Lake  Champlain.  shall  be 
messed  to  the  amount  of  250,000  dollars,  &c.  but  if  any  per- 


tANAL  LAWS,  fcc. 


169 


son  subscribes  to  the  canal,  so  much  shall  be  deducted  from  his  1816. 

tax,  &c]  v  v  ' 

That  the  question  having  been  put,  whether  the  committee 
would  agree  to  the  whole  bill,  it  was  carried  in  the  affirmative. 

rr»L        1  i  iii/»iTtrir¥T  Division  on  tiiC 

lhat  the  ayes  and  noes  were  called  for  by  Mr.  Van  Home,  whole  bill, 
seconded  by  Mr.  Child,  and  were  as  follows,  to  wit : 

For  the  Jlffirmaiive. 


\1 

r.  A.  Adam*;, 

Mr. 

Lynch, 

CI 

T.  Adams, 

a 

M'Chestney, 

u 

Barney, 

a 

M'Combs, 

« 

Bayley 

a 

M'Fadden, 

a 

Beach, 

a 

Metcalf, 

u 

Bouck, 

Miles, 

Bray  ton, 

a 

G.  Miller, 

J.  Brown, 

it 

Milliman, 

44 

0.  Brown, 

Mooers, 

a 

T.  Brown, 

44 

Morris, 

it 

Chapin, 

ii 

Morrison; 

u 

Christiej 

44 

Munro, 

Cole, 

Oakley, 

tt 

Cramer, 

44 

Osborn, 

it 

Crippcn. 

a 

Ostrander- 

44 

Dewey, 

a 

Palmcr. 

44 

Dill, 

a 

Parks, 

44 

Duer, 

44 

Reid, 

Freligh, 

44 

Roggen, 

it 

Fryer, 

a 

Rose, 

Ganson. 

a 

Sanford, 

Gere, 

a 

Schoolcraft, 

Green, 

a 

B.  Smith, 

G.  Hall, 

tt 

I.  Smith, 

Halsey, 

a 

Jesse  Smith, 

Hamilton, 

a 

Joseph  Smith, 

it 

Harris, 

it 

Speaker, 

Hayes, 

Stevenson, 

Hill, 

it 

Strong, 

Hilton, 

Taylor, 

Jackson, 

a 

W.  Thompson, 

Jay, 

a 

Van  Rensselaer. 

J  one*. 

A'an  Wyck, 

170 


CANAL  LAWS,  &c. 


1816. 


Mr. 

Kelsey, 

Mr.  Warner, 

Kimball, 

u 

Webster, 

u 

Knickerbacker, 

it 

Wesbrook, 

a 

Laight, 

Weston, 

u 

Larzelere, 

u 

J.  Whiting, 

u 

Lawyer, 

a 

m.  wniung, 

U 

Leavenworth, 

<c 

Williams, 

C* 

H.  B.  Lee, 

ii 

Wilson, 

ii 

T.  Lee, 

For  the  Negative* 

Mr. 

Barstow, 

Mr.  Hoffman, 

u 

Blauvelt, 

u 

Isaacs, 

u 

Carll, 

(< 

Kissam, 

u 

Carman, 

a 

A.  Miller, 

u 

Coursen, 

a 

Requa, 

K 

Curtiss, 

a 

Stebbins, 

« 

Doty, 

u 

Van  Home, 

N.  Hall, 

ft 

Van  Slyck, 

83 


IG 


Wrhich  he  was  directed  to  report  to  the  house,  and  he  read 
the  report  in  his  place,  and  delivered  the  same  in  at  the  tablef 
where  it  was  again  read  and  agreed  to  by  the  house, 

Ordered ,  That  the  bill  be  engrossed. 


In  Assembly,  April  15,  1816 
Proceedings     The  engrossed  bill,  entitled  "  an  act  to  provide  for  the  im- 

on  the  final  °  „       7  ,       ,        _     #  J 

passage  of  theprovement  of  the  internal  navigation  of  this  state,  was  read  a  thin 
time. 

Thereupon, 

Mr.  Van  Home  made  a  motion  that  the  house  should  agre< 
that  the  further  consideration  of  the  said  bill  be  postponed  ti) 
this  afternoon. 

Home's^-  Mr.  Speaker  put  the  question  whether  the  house  would  agre 
tion  negatived,  to  the  said  motion,  and  it  passed  in  the  negative. 

The  ayes  and  noes  being  called  for  by  Mr.  Russell,  seconde 
by  Mr.  Van  Horne,  were  as  follows,  to  wit : 


CANAL  LAWS,  bo« 


For  the  Negative. 
Mr.  A.  Adams,  Mr.  Knickerbacker, 


1.  Adams, 

,, 

T      '  Li 

Laight, 

T"»      11  1 

Ballard, 

,, 

T  1 

Larzelere, 

55 

Barney, 

jj 

Lawyer, 

T">  1 

Bayley, 

5, 

Lynch, 

Beach, 

55 

"VT5      L. .  x  

Brasher, 

55 

M  l  adden, 

J.  Brown, 

95 

Metcalf, 

93 

O.  Brown, 

Miles, 

5) 

T.  Brown, 

G.  Miller, 

5, 

Chapm, 

J5 

Milhman, 

9) 

Child, 

Morris, 

39 

Christie, 

3  J 

Morrison, 

5  J 

Cole, 

Osborn, 

39 

Cramer, 

j, 

Ostrander, 

Curtiss, 

,, 

Palmer, 

,} 

Dill, 

), 

Porter, 

Doty, 

,, 

rowers, 

Duer, 

53 

Rose, 

r  ord, 

,, 

Schoolcraft, 

93 

Freligli, 

55 

Jesse  Smith, 

39 

Ganson 

33 

Joseph  Smith, 

Gere, 

,, 

Strong, 

;> 

Gregory, 

5J 

lay  I  or, 

G.  Hall, 

W.  Thompson, 

53 

N  Hull 

ii.  n.d.ii, 

35 

V  dll  lACllbbclclCl . 

Halsey, 

53 

Warner, 

Harris, 

39 

Webster, 

33 

Hilton, 

33 

Westbrook, 

9? 

Hopkins, 

33 

Weston, 

35 

Jay, 

33 

J.  Whiting, 

55 

Judd, 

55 

Wilson, 

53 

Kelsev, 

55 

Wynkoop, 

For  the  Affirmative. 


Mr.  Barstow, 
"  Blauvelt, 
Bouck, 


Mr.  Livingston, 
"    A.  Miller, 
"  Mooers, 


CANAL  LAWS,  Sic. 


Mr. 

Burt, 

Mr. 

Parks, 

?) 

Carll, 

33 

Rawson, 

?) 

Carman, 

33 

Reid, 

33 

C  our  sen, 

33 

Requa, 

J) 

Crippin, 

33 

Roggen, 

J) 

Fryer, 

33 

Russell, 

33 

Green, 

33 

Sanford, 

33 

Hamilton, 

J? 

Stebb:ns, 

33 

Hayes, 

33 

Stevenson, 

33 

Hill, 

33 

Van  Home, 

J? 

Hoffman, 

S3 

Van  Slyck, 

5' 

Isaacs, 

Van  Wyck, 

33 

Jackson, 

33 

Whiting, 

53 

Jones, 

33 

Williams, 

33 

Kimball, 

33 

Woodward, 

33 

Kissam, 

37 


Thereupon,  j 

Mr.  Speaker  put  the  question  whether  the  said  bill  should 
pass,  and  it  was  carried  in  the  affirmative. 

The  ayes  and  noes  being  called  for  by  Mr.  Van  Home,  second- 
ed by  Mr.  Beach,  were  as  follows,  to  wit  : 


For  the  Affirmative. 


Mr. 

A.  Adams, 

Mr.  Leavenworth 

?? 

T.  Adams, 

3) 

H.  B.  Lee, 

?> 

Ballard, 

33 

Livingston, 

?3 

Barney, 

33 

Lynch, 

33 

Bayley, 

33 

M'Chestney, 

33 

Beach, 

33 

M'Fadden, 

33 

Bouck, 

33 

Met(falf, 

?3 

Brasher, 

33 

Miles, 

33 

Brayton, 

33 

G.  Miller, 

33 

J.  Brown, 

33 

Milliman, 

33 

O.  Brown, 

33 

Mooers, 

33 

T.  Brown,  - 

3* 

Morris, 

33 

Campbell, 

33 

Morrison, 

J) 

Chapin, 

33 

Oakley, 

J) 

Child, 

53 

Osborn, 

?> 

Christie, 

33 

Ostrander, 

CANAL  LAWS,  &c. 


Mr.  Cole, 

Mr.  Palmer, 

"  Cramer, 

33 

Parks, 

33     n '  * 

Crippen, 

33 

Porter, 

"  Dill, 

33 

Powers, 

"  Duer, 

33 

R  a  wson, 

"  Fellows, 

*  33 

Reid, 

"  Ford, 

,3 

Roggen, 

"  Freligh, 

3, 

Rose, 

(janson, 

33 

Russell, 

(jrere, 

33 

Sanford, 

Green, 

33 

Schoolcraft, 

Gregory, 

33 

B.  Smith, 

Lr.  Hall, 

33 

Jesse  Smith, 

1\.  Hall; 

33 

Joseph  Smith, 

riaisey, 

33 

Sprague, 

M      Tjr„  ■  l , 

Hamilton, 

33 

Stevenson, 

33        TT  • 

Harris, 

33 

Strong, 

?3  TJ 

Hayes, 

,3 

Taylor, 

Hill, 

33 

W.  Thompson, 

33  TT'K 

Hilton, 

33 

Van  Rensselaer, 

35        TT        1  • 

Hopkins, 

33 

Warner, 

?'  Jackson, 

33 

Webster, 

"  Jay, 

33 

Westbrook, 

"  Judd, 

33 

Weston, 

3,       TT"  1 

Kelsey, 

33 

J.  Whiting. 

Kimball, 

33 

M.  Whiting, 

n  Knickerbacker, 

33 

Williams, 

M  Laiglit, 

33 

Wilson, 

5'  Larzelere, 

33 

Wynkoop. 

"  Lawyer, 

1816. 


Mr.  Barstow, 
"  Burt, 
"  Carll, 
'  Carman, 
Coursen, 
Doty, 
'  Hoflman, 
'  Isaacs, 
Jone* 


For  the  Negative, 


Mr.  Kissam, 
'?    A.  Miller, 
"  Munro, 
?'  Requa, 

Stebbins, 
"   Van  Heme, 
"    Van  Slyck, 
"    Van  Wyck, 
"  Woodward. 


18 


174 


CANAL  LAWS,  fee. 


181G.  Thereupon, 

— v  '     Resolved,  That  the  bill  do  pass. 

Ordered,  That  the  clerk  deliver  the  said  bill  to  the  honor- 
able the  Senate,  and  request  their  concurrence  in  the  same. 


In  Senate,  April  16,  1816. 
Mr.  Van  Vechten  made  a  motion,  that  the  senate  should  re- 


solve itself  into  a  committee  of  the  whole,  on  the  engrossed  bill, 


Proceedings 
i  the  bill 
from  the  As- 

VanVech-  ^rom  tne  nonoraD^e  tne  Assembly,  entitled  "  an  act  to  provide 
ten's  motion.  jor  the  improvement  of  the  internal  navigation  of  this  state" 

Mr.  President  put  the  qustion,  whether  the  senate  would  agree 
to  the  said  motion,  and  it  was  carried  in  the  affirmative. 

That  the  yeas  and  nays  being  called  for  by  Mr.  Caritine,  se- 
conded by  Mr.  Stranahan,  were  as  follows,  to  wit  * 

For  the  Affirmative* 


Division. 


Mr.  Allen, 

Mr.  Prendergast, 

„  Attwater, 

Radcliff, 

„  Bates, 

?> 

Ross, 

„  Bicknell, 

?> 

Seymour, 

„  Bloodgood, 

33 

Stewart, 

„  Bloom, 

33 

Swift, 

„    Can  tine, 

33 

Tibbits, 

.,  Cochran, 

33 

Van  Vechten, 

»  Frey, 

53 

Wendell. 

„  Hascall, 

For  the  Negative* 

Mr.  Barker, 

Mr.  Keyes, 

Crosby, 

33 

Ogden, 

.,  Dayton, 

3? 

Stranahan, 

„  Elmendorf, 

33 

Verbryck. 

„  Hager, 

The  senate  then  resolved  itself  into  a  committee  of  the  who 
on  the  said  bill,  and  after  some  time  spent  thereon,  Mr.  Pre 
dent  resumed  the  chair,  and  Mr.  Prendergast,  from  the  said  co 
mitee,  reported,  that  in  proceeding  on  the  said  bill,  the  same  * 
read  in  the  words  following,  to  wit : 


CANAL  LAWS,  &c. 


175 


[For  the  bill  as  it  passed  the  assembly,  see  Synopsis  thereof,  181G. 
>age  167.]  ,s'     v  ' 

That  Mr.  Van  Burcn  made  a  motion,  to  expunge  all  the  re-  Mr.VanBu- 
nainder  of  the  said  bill  after  the  fifth  section.  SSiS?1*!9 

expunge,  the 

That,  by  unanimous  consent,  the  question  was  put,  whether  ,ast  ni"f  ffiC- 

9   y  .      tjonsofthe  bill, 

he  committee  would  agree  to  the  said  motion,  and  it  was  carried  carried— and 
n  the  affirmative. 

That  the  yeas  and  nays  being  called  for  by  Mr.  Van  Buren,  se- 
onded  by  Mr.  Ross,  were  as  follows,  to  wit : 

For  the.  affirmative. 


division  thcr«« 
on. 


Mr.  Barker, 

Mr. 

I  lager, 

.,  Bates, 

35 

Hascall, 

Bicknell, 

)J 

Keyes, 

Bloom, 

3J 

Livingston. 

„  Cantine, 

?) 

Loomis, 

„  Clark, 

?) 

Ogden, 

„  Crosby, 

5» 

Ross, 

„  Dayton, 

5J 

Swift, 

,,  Elmendorf, 

;» 

Van  Buren, 

»  Frey, 

Verbryck, 

For 

the  Negative. 

Mr.  Allen, 

Mr. 

Stewart, 

„  Attwater, 

Tibbits, 

.,  Cochran, 

Van  Vechtc 

„  Radclifi; 

55 

Wendell, 

'2(' 


Seymour. 


Which  he  was  directed  to  report  to  the  senate,  and  he  read  the 
•eport  in  his  place,  and  delivered  the  same  in  at  the  table,  when 
t  was  again  read. 

Thereupon, 

Ordered,  That  the  said  bill  be  committed  to  a  select  committee,  Bill  commit*.  & 
consisting  of  Mr.  Elmendorf,  Mr.  Barker  and  Mr.  Swift. 


(o  a  select  com- 
mittee. 


In  Senate,  April  17,  1S1G. 
The  Senate  then  resolved  itself  into  a  committee  of  the  whole,  Proceed 
•n  the  encros-cd  bill,  from  the  honorable  the  Assembly,  entitled S«  Atsembiv 


no 


CANAL  LAWS,  &c. 


1S16.  "an  act  to  provide  for  the  improvement  of  the  internal  navigation 
-v  "**  of  this  state"  and  after  some  time  spent  thereon,  Mr.  President 
resumed  the  chair,  and  Mr.  Stranahan  from  the  said  committee 
reported,  that  in  proceeding  on  the  said  bill,  and  after  the  same 
had  been  read  in  the  committee,  Mr.  Cochran  made  a  motion  to 
reject  the  said  bill. 

Mr.  Cochran's    That  the  question  having  been  put,  whether  the  committee 

motion  to  reject  ..  -         «  ,  .  , 

the  bill  negati-  would  agree  to  the  said  motion,  it  passed  in  the  negative. 

ved, and  divis- 
ion. That  the  yeas  and  nays  having  been  called  for  by  Mr.  Coch- 
ran, seconded  by  Mr.  Barker,  were  as  follows,  to  wit : 

For  the  Negative. 


Mr.  Allen, 

Air. 

Livingston, 

1  Barker, 

• 

Loomis, 

"  Bates, 

?) 

Prendergast. 

"  Bicknell, 

?? 

Radcliff, 

"  Bloodgood, 

?? 

Ross, 

"  Bloom, 

?> 

Stewart, 

"  Cantine, 

)? 

Swift, 

"  Clark, 

5J 

Tibbits, 

"  Elmendorf. 

?J 

Van  Buren, 

"  Frey, 

>> 

Van  Vechten;. 

"  Hascall, 

75 

Verbryck, 

"  Keyes, 

?? 

Wendell. 

For  the  Affirmative. 

Mr.  Cochran,  Mr.  Dayton, 

"    Crosby,  "  Ogden, 

That  in  further  proceeding  on  the  said  bill,  the  first  enacting 
clause  thereof  was  again  read  and  the  number  of  commissioner? 
and  the  names  as  passed  in  the  Assembly,  were  read  in  blnnk 
and  is  in  the  words  following,  to  wit : 

Tmccr dings      Be  it  enacted  by  the  people  of  the  state  of  Arew-York,  rcpre 

^mBec' tented  in  Senate  and  Assembly,  That 


be  and  they  are  hereby  appointed  commissioners  to  consider,  de 
Vise  and  adopt  such  measures  as  may  or  shall  be  requisite  t< 


CANAL  LAWS,  &e. 

facilitate  and  cli'ect  the  communication,  by  means  of  canals  and 
locks,  between  the  navigable  waters  of  Hudson's  river  and  Lake 
Erie,  and  the  said  navigable  waters  and  Lake  Champlain  :  And 
jn  case  of  the  resignation  or  death  of  any  of  the  said  commis- 
sioners, the  vacancy  thereby  occasioned  shall  be  supplied  by  the 
Legislature,  in  the  manner  in  which  Senators  of  the  United  States 
from  this  state  are  directed  to  be  chosen. 

That  Mr.  Allen  made  a  motion  that  the  first  blank  in  the  said 
clause  should  be  filled  up  with  the  word  seven. 

That  the  question  having  been  put,  whether  the  committee  Mr.  Allen1* 
would  agree  to  the  said  motion,  it  passed  in  the  negative.  ™ed.°n  nesatl* 

That  the  yeas  and  nays  were  called  for  by  Mr.  Barker,  se- 
conded by  Mr.  Van  Buren,  and  were  as  follows,  to  wit : 


For  the  Negative. 


Mr.  Allen, 

Mr. 

Keyes, 

Bates, 

?? 

Livingston. 

"  Bloodgood, 

Ogden, 

Bloom, 

?» 

Prendergast. 

Cantine, 

Stewart. 

*    Clark,  • 

Swift, 

Crosby, 

Van  Buren, 

w  Dayton, 

Verbryck, 

"  Hascall. 

n 

Wendell. 

For  the  Affirmative. 

Mr.  Barker, 

Mr. 

Loomi>. 

,,  Bicknel!, 

?> 

Radcliir. 

Cochran, 

•? 

Ross, 

..  Elmendorf, 

?» 

Tibbits. 

18 


Frev, 


That  Mr.  Ross  then  made  a  motion,  that  the  said  blank  should 
filled  with  the  word  Jive, 

That  the  question  having  been  put,  whether  the  committee  Mr.  Ro«H  mo. 
ould  agree  to  the  said  motion,  it  was  carried  in  the  affirmative. 
That  the  yeas  and  nays  being  called  for  by  Mr.  Crosby,  see- 
ded by  Mr.  Barker,  were  as  follows,  to  wit  : 


tion  carried. 
Division. 


Mr.  Bicknell, 


For  the  Affirmative. 

Mr.  LoomU, 


CANAL  LAWS,  &c. 


1816. 


•JIT 

Mr. 

r>Ioougood. 

Mr.  Prendergast. 

>> 

Cantine, 

„  RadclifF, 

?> 

L/JarK. 

Koss, 

Cochran, 

Stewart, 

99 

Elmendorf. 

„  Swift, 

?) 

Tihhits 

91 

Hascall, 

„    Van  Buren. 

r5 

Keyes, 

,,  Verbryck. 

15 

Livingston, 

For 

themNegative. 

Mr. 

Allen, 

Mr.  Dayton, 

»> 

Barker, 

„  Ogden, 

j> 

Bloom, 

„  Wendell. 

?> 

Crosby, 

1ST 


Proceedings      Mr.  Stranahan  further  reported,  that  the  committee  had  gone 

on  the  whole  r  ° 

bill.  through  the  said  bill,  made  amendments,  filled  up  the  blanks, 

added  clauses,  and  the  same  was  read  in  the  words  following, 
to  wit :    [It  is  verbatim  the  law  of  April  17,  1816,  at  page  184.] 
That  the  question  having  been  put,  whether  the  committee 
would  agree  to  the  said  bill,  it  was  carried  in  the  affirmative. 
Division  on  the    That  the  yeas  and  nays  being  called  for  by  Mr.  Ogden,  sec- 
final  question.  onded  hy  Mr  Bicknell,  were  as  follows,  to  wit : 


For  the  Affirmative. 

Mr.  Allen, 

Mr.  Radcliff, 

„  Attwater. 

99 

Ross, 

5,  Barker, 

99 

Seymour, 

Bates, 

99 

Stewart, 

„  Bicknell, 

99 

Swift, 

„  Bloodgood. 

99 

Van  Buren, 

Cantine, 

99 

Van  Vechten. 

„  Clark, 

99 

Verbryck, 

„  Elmendorf, 

99 

Wendell. 

Loomis, 

For  the  Negative* 

Mr.  Cochran, 

Mr.  Keyes, 

„  Crosby, 

?> 

Livingston. 

.<  Dayton, 

Ogden. 

19 


CANAL  LAWS,  fee* 


119 


Which  he  was  directed  to  report  to  the  Senate;  and  he  read  1810. 
the  report  in  his  place,  and  delivered  the  same  in  at  the  table.  ▼ 
where  it  was  again  read,  and  agreed  to  by  the  Senate. 

Ordered,  That  the  amendments  be  engrossed. 

Thereupon, 
The  amendments  being  engrossed, 

The  said  bill,  with  the  engrossed  amendments,  was  read  the 
third  time. 

Resolved,  That  the  bill  and  amendments  do  pass. 

Ordered,  That  the  clerk  deliver  the  said  bill  and  amendments  • 
to  the  honorable  the  Assembly,  and  inform  them  that  the  Senate 
have  passed  the  same  with  the  amendments  therewith  delivered. 

— 9©© — 

In  Assembly,  April  17,  1816. 
A  message  from  the  honorable  the  Senate,  also  delivered  by  The  Assembly 

non  concur 

their  clerk,  with  the  bill  and  amendments  therein  mentioned,  waswi;h  the  Sen* 
read,  informing  that  the  Senate  have  passed  the  bill,  entitled  "  anate 
act  to  provide  for  the  improvement  of  the  internal  navigation  of  this 
state,"  with  the  amendments  therewith  delivered. 

The  said  bill  and  amendments  havingbeen  read,  and  the  amend- 
ments having  been  again  severally  read. 

Thereupon, 

Resolved,  That  this  house  do  non-concur  with  the  honourable 
the  Senate  in  each  of  their  amendments  to  the  said  bill. 

Ordered,  That  the  clerk  deliver  the  said  bill,  amendments  and 
a  copy  of  the  preceding  resolution  to  the  honorable  the  Senate. 


In  Senate,  April  17,  1816. 

A  message  from  the  honorable  the  Assembly,  also  delivered    The  Serrate 
by  their  clerk,  with  the  bill,  amendments  and  a  copy  of  a  resolu-  an^ndmen^ 
tion  therein  mentioned,  was  read,  informing,  that  they  do  not 
concur  in  the  amendments  of  the  Senate  to  the  bill,  entitled  "  an 
act  to  provide  for  the  improvement  of  the  internal  navigation  of  this 
state." 

Thereupon, 

The  said  bill  and  amendments  having  been  read,  and  the 
intendments  having  been  again  read, 

Resolved,  That  the  Senate  do  adhere  to  their  amendments  to 
the  said  bill. 


CANAL  LAWS,  &c. 


1816.  Ordered,  That  the  clerk  deliver  the  said  bill,  amendments  and 
4  v — '  a  copy  of  the  preceding  resolution  to  the  honorable  the  Assembly. 

In  Assembly,  April  17,  1816. 
Proceedings  on    a  messase  from  the  honourable  the  Senate,  also  delivered  bv 

the  bill  as  sent  °  1  J 

from  the  se-  their  clerk,  with  the  bill,  amendments,  and  a  copy  of  the  resolu- 
tion therein  mentioned,  was  read,  informing  that  the  Senate  ad- 
here to  their  amendments  to  the  bill,  entitled  "  an  act  to  provide 
for  the  improvement  of  the  internal  navigation  of  this  state" 
Thereupon, 

Mr.  Lyneh's  -Mr.  Lynch  made  a  motion  that  the  house  should  agree  to  re- 
motion  and  di-  cecje  from  their  resolution  of  non-concurrence  in  the  first  of  the 

vision,  and  the 

assembly  final-  amendments  made  to  the  said  bill  by  the  honorable  the  Senate, 
pass  the  bill  as  which  was  read,  in  the  words  following,  to  wit : 
^senate.™™  "  First  clause,  dele  the  names  De  Witt  Clinton,  Stephen  Van 
Rensselaer,  Townsend  M'Cown,  Melancton  Wheeler,  Henry 
Seymour,  Joseph  Ellicott,  Jacob  R.  Van  Rensselaer,  Philip  I. 
Schuyler,  Samuel  Young,  John  Nicholas,  William  Bayard, 
George  Huntington  and  Nathan  Smith,  and  insert  Joseph  Elli- 
cott, De  Witt  Clinton,  Samuel  Young,  Stephen  Van  Rensselaer 
and  Myron  Holley." 

Debates  were  had  thereon,  and  the  question  having  been  put 
whether  the  house  would  agree  to  recede  from  their  resolution  of 
non-concurrence,  it  was  carried  in  the  affirmative. 

The  ayes  and  noes  being  called  for  by  Mr.  Lynch,  seconded  by 
Mv.  W7.  Thompson,  were  as  follows  to  wit : 


For  the  Affirmative. 


Mr.  Ballard, 

Mr.  Kimball, 

Mr.  Barney, 

Mr.  Knickerbacker. 

Mr.  Beach, 

Mr.  Larzelere, 

Mr.  Burt, 

Mr.  Lawyer, 

Mr.  Campbell, 

Mr.  Leavenworth, 

Mr.  Carll, 

Mr.  H.  B.  Lee, 

Mr.  Cramer, 

Mr.  Lynch, 

Mr.  Dewey, 

Mr.  M'Chestney* 

Mr.  Dill, 

Mr.  M'FaddeiL 

Mr.  Duer, 

Mr.  Metcalf. 

Mr,  Ford, 

Mr.  Miles, 

CANAL  LAWS,  &c. 


Ibi 


Mr.  Fryer, 

Mr.  Ganson, 

Mr.  Gere, 

Mr.  Green, 

Mr.  Gregory, 

Mr.  G.  Hall, 

Mr.  Halsey, 

Mr.  Hill, 

Mr,  Hopkins, 

Mr.  Jackson, 

Mr.  Jay, 


Mr.  G.  Miller, 
Mr.  Mooer>. 
Mr.  Morris, 
Mr.  Palmer, 
Mr.  Sanford, 
Mr.  Joseph  Smith, 
Mr.  Strong. 
Mr.  Taylor, 
Mr.  W.  Thompson. 
Mr.  Wilson. 

4:3 


1816. 


For  the  Negative. 


Mr.  Barstou . 
Mr.  Bayley, 
Mr.  Brasher, 
Mr.  T.  Brown. 
Mr.  Carman, 
Mr,  Doty, 
Mr.  Freligh, 
Mr.  N.  Hall. 
Mr.  Hoffman. 
Mr.  Isaacs, 
Mr.  Jones, 
Mr.  Laight, 
Mr.  Livingston, 
Mr.  A.  Miller, 
Mr.  Miiliman, 
Mr.  Morrison. 
Mr.  Oaklrv. 


Mr.  Parks, 

[Mr.  Powers. 

[Mr.  Rawson. 

Mr.  Reid, 

Mr.  Roggen, 

Mr.  Russell, 

Mr.  Schoolcraft. 

Mr.  I.  Smith, 

Mr.  Stebbins, 

Mr.  Stevenson, 

Mr.  Vanderpoel. 

Mr.  Van  Home. 

Mr.  Van  Wyck. 

Mr.  Westbrook. 

[Mr.  Weston. 

Mr.  Williams, 

Mr.  Woodward.  34 


Thereupon, 

Resolved,  That  this  house  do  recede  from  their  resolution  ol 
non-concurrence  in  the  said  first  of  the  said  amendments. 
Thereupon, 

The  second  amendment  of  the  honorable  the  Senate  to  the 
said  bill,  was  again  read,  in  the  words  following,  to  wit: 
"  Dele  sixth  clause,  in  the  words  following,  to  wit  : 
VI.  And  be  it  further  enaeted,  That  the  act,  entitled  "  an  act 
o  provide  for  the  improvement  of  the  interval  narirration  of  fhu 


182 


CANAL  LAWS,  &c. 


1816.  state"  passed  the  8th  day  of  April,  1811,  be  and  the  same  is 
^«^v^h^  hereby  repealed . 

And  insert  instead  thereof  the  words  following,  to  wit : 
VI.  And  be  it  further  enacted,  That  the  treasurer  shall,  on 
the  warrant  of  the  comptroller,  pay  to  the  order  of  a  majority  of 
the  said  commissioners,  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated,  any  sum  or  sums  not  exceeding  twenty 
thousand  dollars,  and  for  which  the  said  commissioners  shall  ac- 
count to  the  comptroller  of  this  state. 
Thereupon, 

Mr.  Lynch'a    Mr.  Lynch  made  a  motion,  that  the  house  should  agree  to  re- 
motion.        ce(je  from  t|iejr  resolution  of  non-concurrence  with  the  honorable 
the  senate,  in  their  said  second  amendment. 

Mr.  Speaker  put  the  question,  whether  the  house  would  agree 
to  the  said  resolution,  and  it  was  carried  in  the  affirmative. 
Division.  The  yeas  and  nays  being  called  for  by  Mr.  Oakley,  seconded 

by  Mr  Lynch,  were  as  follows,  to  wit : 


For  the  Affirmative. 


Mr. 

Ballard, 

it 

Leavenworth. 

a 

Barney, 

tt 

H.  B.  Lee, 

it 

Beach, 

tt 

Lynch, 

a 

Campbell, 

a 

M'Fadden, 

(i 

Dewey, 

tt 

Metcalf, 

n 

Dill, 

n 

Miles, 

tt 

Doty, 

a 

G.  Miller, 

a 

Ford, 

it 

Mooers, 

tk 

Fryer, 

tt 

Morris, 

a 

Gere, 

tt 

Morrison, 

a 

Green, 

tt 

Ostrander, 

a 

Gregory, 

it 

Palmer, 

•  ( 

G.  Hall, 

a 

Sanford, 

a 

Halsey, 

a 

Joseph  Smith, 

a 

Hill, 

tt 

Strong, 

tt 

Hopkins, 

it 

Taylor, 

it 

Jackson, 

it 

W.  Thompson 

ti 

Jay, 

a 

Warner, 

it 

Kimball, 

Ct 

Westbrook. 

it 

Knickerbacker, 

tt 

Williams, 

tt 

Larzelere, 

it 

Wilson. 

it 

Lawyer, 

CANAL  LAWS,  to 


183 


For  the  Negative.. 
Mr.  Barstow,  Mr.  Parks, 


(1 

Bayley, 

a 

Powers, 

(C 

Brasher, 

II 

Ravvson. 

(1 

Burt, 

c< 

Reid, 

« 

Carll, 

II 

Requa 

il 

Carman, 

II 

Roggen, 

a 

Coursen, 

Russell, 

u 

Freligh, 

a 

Schoolcraft, 

n 

N.  Hall, 

a 

I.  Smith, 

il 

Hoffman, 

II 

Stebbins, 

it 

Isaacs, 

it 

Stevenson, 

II 

Jones, 

a 

Vanderpoel, 

II 

Laight, 

a 

Van  Home, 

II 

Livingston, 

n 

Van  Wyck 

II 

M'Chestney, 

tt 

Weston, 

II 

A.  Miller, 

a 

Woodward. 

II 

Milliman, 

a 

W\  nkoop, 

•  ( 

Oakley, 

r» 
O 

Thereupon, 

Resolved,  That  this  house  do  recede  from  their  resolution  of 
non-concurrence  with  the  honorable  the  senate,  in  the  said  se- 
cond of  their  amendments  to  the  said  bill. 

Thereupon, 

On  motion  of  Mr.  Lynch — 

Resolved,  That  this  house  do  concur  with  the  honorable  the 
senate,  in  all  of  their  amendments  to  the  said  bill. 

Ordered,  That  the  said  bill  be  amended  accordingly. 
The  said  bill  having  been  amended, 

Ordered,  That  the  clerk  deliver  the  said  bill  and  amendment 
to  the  honorable  the  senate,  and  inform  them  that  this  house 
have  concurred  with  the  honorable  the  senate,  in  their  amend- 
ments to  the  said  bill,  and  have  amended  the  same  accordingly 


JS4 


CANAL  LAWS,  &c. 


1816. 

v^v-^         BILL  AS  FINALLY  PASSED  INTO  A  LAW, 

In  1816.    Sess.  39.    Ch.  237. 

An  act  to  provide  for  the  improvement  of  the  internal  navigation 

of  this  state. 

Passed,  April  17,  1816. 

^Commission-  j  Be  {t  enacted  the  people  0f  tne  state  0f  JYew  York,  repre- 
sented in  Senate  and  Assembly,  That  Stephen  Van  Rensselaer, 
De  Witt  Clinton,  Samuel  Young,  Joseph  Ellicott  and  Myron 
Holley,  be,  and  they  are  hereby  appointed  commissioners,  to 
consider,  devise  and  adopt  such  measures  as  may  or  shall  be 
requisite,  to  facilitate  and  effect  the  communication,  by  means  of 
canals  and  locks,  between  the  navigable  waters  of  Hudson's 
river  and  lake  Erie,  and  the  said  navigable  waters  and  lake 
Champlain ;  and  in  case  of  the  resignation  or  death  of  any  of 
the  said  commissioners,  the  vacancy  thereby  occasioned,  shall  be 
supplied  by  the  legislature,  in  the  manner  in  which  senators  of 
the  United  States,  from  this  state,  are  directed  to  be  chosen, 
^cret^to  be  be     further  enacted,  That  the  said  commissioners 

chosen.  snau  cnoose  one  0f  their  number,  to  be  president  of  their  board, 
and  shall  appoint  a  fit  person  for  their  secretary,  who  shall  be 
allowed  and  paid  such  salary  as  the  said  commissioners  shall 
deem  proper  and  reasonable :  And  the  president  of  the  said 
board  of  commissioners,  shall  have  power  to  call  a  meeting  of 
the  same  whenever  in  his  opinion,  the  public  interests  require  it ; 
and  the  said  board  may  adjourn  from  time  to  time,  to  meet  at  any 
time  and  place  they  may  deem  most  conducive  to  the  public 
good  :  And  further,  the  said  commissioners  shall  have  power  to 
employ  such  and  so  many  agents,  engineers,  surveyors,  drafts- 
men and  other  persons,  as  in  their  opinion  may  be  necessary  to 
enable  them  to  fulfil  and  discharge  the  duties  imposed  upon  them 
by  this  act,  and  to  allow  and  pay  the  said  agents,  engineers, 
surveyors,  draftsmen  and  other  persons,  for  their  respective  ser- 
vices, such  sum  or  sums  as  may  be  adequate  and  reasonable. 
canaHobte^  IIL  And  be  ^  farther  enacted,  That  it  shall  be  the  duty  of  the 
plored.  sai(i  commissioners,  as  soon  as  may  be  after  the  passing  of  this 
act,  to  cause  those  parts  of  the  territory  of  this  state  which  may 
lie  upon  or  contiguous  to  the  probable  courses  and  ranges  of  the 
said  canals,  to  be  explored  and  examined  for  the  purpose  of  fixing1 


CANAL  LAWS,  kc. 


135 


and  determining  the  most  eligible  and  proper  routes  tor  the  same,  1816. 

and  to  cause  all  necessary  surveys  and  levels  to  be  taken,  and       v  ' 

accurate  maps,  field  books  and  drafts  thereof  to  be  made,  and 
further  to  adopt  and  recommend  proper  plans  for  the  construction 
and  formation  of  the  said  canals,  and  of  the  locks,  dams,  em- 
bankments, tunnels  and  dqueducts  which  may  be  necessary  for 
the  completion  of  the  same,  and  to  cause  all  necessary  plans, 
drafts  and  models  thereof,  to  be  executed  under  their  direction. 

IV.  And  be  it  further  enacted,  That  the  said  commissioners  or  Application 

"  to  be  made  for 

a  majority  of  them,  shall  be,  and  they  are  hereby  authorized  and  e*anta  and  do 
required  to  make  application  in  behalf  of  this  state,  to  the  gov- 
ernment of  the  United  States,  and  of  such  states  and  territories  as 
may  be  benefited  by  the  said  canals  or  cither  of  them,  to  the 
proprietors  of  lands  through  or  near  which  the  said  canals  or 
either  of  them  may,  or  may  be  proposed  to,  pass,  to  all  bodies 
politic  and  corporate,  public  or  private,  and  all  citizens  or  inhab- 
itants of  this  or  any  other  of  the  United  States,  for  cessions, 
grants  or  donations  of  land  or  money,  for  the  purpose  of  aiding 
in  the  constructing  or  completing  of  both  or  either  of  the  said 
canals,  according  to  the  discretion  of  the  several  grantors  or 
donors,  and  to  take  to  the  people  of  this  state,  such  grants  and 
conveyances  as  may  be  proper  and  competent  to  vest  a  good 
and  sufficient  title  in  the  said  people  to  the  lands  so  to  be  ceded  or 
granted  as  aforesaid,  and  for  the  purposes  above  mentioned,  it 
shall  be  the  duty  of  the  said  commissioners  to  open  books  of  Subscription 
subscription  in  such  and  so  many  places  as  they  may  think  ne-  opened, 
cessary  and  expedient,  and  under  such  rules  and  regulations  as 
they  may  from  time  to  time  establish:  And  further,  it  shall  be 
their  duty  to  ascertain  whether  to  any  and  to  what  amount,  and 
upon  what  terms  loans  of  money  may  or  can  be  procured  on 
the  credit  of  this  state,  for  the  purposes  aforesaid. 

V.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  E,timHre  ^ 
the  said  commissioners  to  make,  or  cause  to  be  made,  with  as  expense  t»  be 
much  accuracy  and  minuteness  as  may  be,  calculations  and  esti- 
mates of  the  sum  or  sums  of  money  which  may  or  will  be  neces- 

ary  for  completing  each  of  the  said  canals,  according  to  the  plan 
>r  plans  which  may  be  adopted  and  recommended  by  them,  for 
he  construction  or  formation  of  the  same,  and  to  cause  the  said 
alculations  and  estimates,  and  all  surveys,  maps,  firld  books, 
ilans,  drafts  and  models  authorised  and  directed  by  this  art,  or  so 

24 


18$ 


CANAL  LAWS,  &c. 


1816.    many  thereof  as  may  be  completed,  together  with  a  plain  and: 

v" — v  '  comprehensive  report  of  all  their  proceedings  under  and  by 

virtue  of  this  act,  to  be  presented  to  the  legislature  of  this  state 
within  twenty  days  after  the  commencement  of  the  next  regular 
annual  session  thereof, 
impropriation    VI.  And  be  it  further  enacted,  That  the  treasurer  shall,  on 

of  not  exceed-  1,1... 

ins  $20,000.  the  warrant  of  the  comptroller,  pay  to  the  order  of  a  majority 
of  the  said  commissioners,  out  of  any  monies  in  the  treasury  not 
otherwise  appropriated,  any  sum  or  sums  not  exceeding  twenty 
thousand  dollars,  and  for  which  the  said  commissioners  shall 
account  to  the  comptroller  of  this  state. 

VII.  And  be  it  further  enacted,  That  the  act  entitled  "  an  act 
to  provide  for  the  improvement  of  the  internal  navigation  of  this 
state,"  passed  the  8th  day  of  April,  1811,  and  the  act,  entitled 
u  an  act  further  to  provide  for  the  improvement  of  the  internal 
navigation  of  this  state,"  passed  June  19th,  1812,  be  and  the 
s*ame  are  hereby  repealed. 


Former  acts 
repealed. 


[  1812.  ] 

[Legislative  proceedings  in  1812,  omitted  in  their  proper  place. 

In  Senate,  June  5th,  1812. 

On  the  first  section  of  the  bill,  entitled  "  An  act  further  to  pro 
vide  for  the  improvement  of  the  Internal  Navigation  of  this  state, 
[which  eventually  became  a  law,  June  19,  1812,]  the  senate  di 
vided  as  follows  : 

Affirmative* 


Mr. 

Bloodgood, 

Mr. 

Phelps, 

a 

Carl, 

a 

Piatt, 

a 

Hall, 

a 

Rich, 

a 

Hubbard, 

a 

Smalley, 

a 

Humphrey, 

Stearns, 

U 

Lewis, 

a 

Town  send, 

it 

Livingston, 

a 

Yates, 

Negative: 

Mr.  Arnold, 

Mr. 

Paris, 

JJruvm 

Rouse 

14 


CANAL  LAWS,  &c 


is; 


Mr.  Coe, 
"  Haight, 
M  Hopkins, 
"  Martin, 


Mr.  SanfonL 
"  Tabor, 
c;  Wilkin, 


1816. 


3  1 


On  the  third  section,  allowing  the  commissioners  to  borrow 
5,000,000  dollars  on  the  credit  of  the  state,  the  senate  divided  as 
follows,  and  the  section  was  lost. 


Mr.  Arnold, 
"  Bruyn, 
"  Coe, 
"  Haight, 
li  Hopkins, 
"  Paris, 


Negative, 


Mr.  Rouse, 

"  Sanford, 

"  Tabor, 

"  Tayler, 

(t  Townsend, 

"  Wilkin, 


12 


Mr.  Hall, 

"  Hubbard, 

*  Lewis, 

"  Livingston, 

"  Phelps, 


Affirmative. 


Mr.  Piatt, 

"  Rich, 

"  Smalley, 

"  Stearns, 

"  Yates, 


10 


In  Senate,  June  7,  1812. 
The  third  section,  negatived  on  the  5th  instant,  was  now  car- 
ried  in  the  affirmative,  on  a  division  as  follows  : 


Mr.  Bloodgood, 
Gilbeit, 
Hall, 
Hubbard, 
Humphreys, 
Lewis, 
Livingston, 


Affirmative. 


Mr.  Phelps, 
Piatt, 
Rich, 
Smalley, 
Smith, 
Townsend, 
Yates, 


14 


Mr.  Arnold, 
Bruyn, 
Carll, 
Coe, 
Hopkins, 


Negative. 


Mr.  Rouse, 

"  Tabor, 

"  Tayler, 

"  White, 

"  Wilkin, 


10 


Mr.  Tayler  moved  to  expunge  the  3d  section*  in  «rder  to  in- 


m  CANAL  LAWS,  &c. 

1816,    sert  in  lieu  thereof,  "  That  the  sums  borrowed  as  aforesaid  be 

 i  placed  in  the  treasury  of  this  state,  subject  to  the  disposition  o 

the  legislature."    Motion  negatived,  as  follows. 


Negative, 


Mr.  Gilbert, 
"  Hall, 
"  Humphreys, 
"  Lewis, 
"  Livingston, 
"  Phelps, 


Mr.  Piatt, 
"  Rich, 
"  Smalley, 
"  Smith, 
"  Stearns, 
"  Yates, 


Affirmative. 


Mr.  Arnold, 
"  Bloodgood, 
"  Hopkins, 
"  Rouse, 


Mr.  Tayler, 

"  Townsend, 

"  White, 

"  Wilkin, 


And  then  the  whole  bill  was  ordered  to  be  engrossed. 


12 


In  Senate,  June  9, 1812. 
Mr.  Wilkin  moved  to  re-commit  the  bill.    Motion  negatived 


Mr.  Bloodgood, 

"  Gilbert, 

"  Hall, 

"  Hubbard, 

"  Humphreys, 

"  Lewis, 

"  Livingston, 


Mr.  Arnold, 
"  Bruvn, 
"  Carll, 
"  Coe, 
"  Hopkins, 
"  Rouse, 


Negative. 


Affirmative. 


Mr.  Phelps, 

"  Piatt, 

«  Rich, 

t£  Smalley, 

"  Smith, 

"  Townsend, 

"  Yates, 


Mr.  Sanford, 

"  Tabor, 

"  Tayler, 

"  White, 

"  Wilkin, 


14 


11 


Mr.  Wilkin  then  moved  to  reject  the  bill.  Motion  lost — aye 
and  noes  as  preceding,  adding  only  Mr.  Stearns  to  the  affirma 
tive,  making  it  1 5  ayes  to  1 1  noes.  The  bill  then  passed  th 
senate  and  was  sent  to  the  assembly  for  concurrence. 


CANAL  LAWS,  *o  . 

In  AsseiMbly,  June  15,  1812. 

The  assembly  (by  49  votes  to  45)  rose  and  reported  progress 
on  the  bill,  and  had  leave  to  sit  again. 


In  Assembly,  June  17,  1812. 

On  the  first  section  of  the  bill,  the  assembly  divided.  The 
section  was  carried,  as  follows, 


Mr.  Arnold, 

4k  Benjamin, 

u  Bicknell, 

"  Boyd, 

"  Bray  ton, 

•  Bristoll, 

"  Broadbead, 

"  Brother, 

4*  Bryan, 

*•  Burch, 

11  Clark, 

"  Close, 

"  Colbv, 

"  Cole^ 

M  Comstock. 

J'  Coon, 

"  Delance, 

"  Dodge, 

"  Fay, 

"  Hagar, 

"  Hall, 

"  Hill, 

"  Hopkins, 

;  Howland, 

"  Huntington, 

«  Hurlbut, 


Mr.  Andrus, 

*  Burr, 

':  Campbell, 

u  Carman, 

"  Carpenter, 

"  Coddington, 

4:  Colvard, 

"  Crosby, 

;*  Douglas?, 


Affirmative. 


Negative. 


Mr.  Lorillard, 

"  Ludlow, 

Marvin, 

"  Mclntyre. 

"  Mooney, 

"  Mott, 

1  Nellis, 

"  Radclifl; 

"  Redington, 

"  Rogers, 

"  Russell, 

"  Sebring, 

"  Shoemaker, 

Smith, 

"  Speaker, 

£i  Stanley, 

-  Storrs, 

"  Trowbridge, 

"  Tylee, 

"  Vanfleet, 

"  Van  Rensselaer 

"  Van  Vechten, 

"  Walden, 

"  S.  Warren, 

"  Young, 


Mr.  Kirtland. 

"  Kiss  am, 
"  Miller, 
"  Moore, 
"  Oakley, 
"  Ogden, 
"  Potter, 
4*  Rose, 

Roseboom. 


51 


198 


CANAL  LAWS,  &c\ 


1816. 


Mr.  Fleet, 

"  Gardner, 

"  Gregory, 

"  Grosvenor, 

"  Hardenbergh, 

"  Hawks, 

«  Hoit, 

"  Holbert, 

"  Holmes, 

"  Hyde, 

"  Jansen, 

"  Keeler, 


Mr.  Ross, 
"  Sayre, 
"  Sears, 
"  Southerland. 
"  Teeple, 
"  Tyler, 
"    Van  Orden, 
Ct    Van  Zandt, 
Viele, 
Waite, 
J.  Warren, 
Wells, 


42 


On  the  third  section,  authorizing  5,000,000  dollars  to  be  bor- 
rowed, &c.  the  assembly  divided.  The  section  was  carried  in  the 
affirmative,  by  the  casting  vote  of  the  chairman,  (Mr.  Jones,) 
as  follows. 


Affirmative. 


Mr.  Arnold, 
Benjamin, 
Bicknell, 
Boyd, 
Bray  ton, 
"  Bristoll, 
"  Brother, 
"  Bryan, 
"  Burch, 
"  Clark, 
"  Close, 
"  Colby, 
"  Cole, 
"  Comstoek, 
Coon, 
Delance, 
Dodge, 
Douglass, 
Hager, 
Hall, 
Hill, 

Hopkins, 
Howland, 
Huntington, 


Mr.  Hurlbut, 

"  Lorillard, 

"  Ludlow, 

"  Marvin, 

"  M'Intyre, 

"  Mooney, 

"  Mott, 

"  RadclifF, 

"  Redington, 

"  Rogers, 

"  Sebring, 

"  Shoemaker, 

"  Smith, 

"  Speaker, 

"  Stanley, 

"  Storrs, 

"  Trowbridge, 

"  Vanfleet, 

«  Van  Rensselaer, 

"  Van  Vechten, 

"  Walden, 

"  S.  Warren, 

*  Young, 


41 


CANAL  LAWS,  &c. 


Negative. 


AT.. 

Andrus, 

Mr.  Kissam, 

it 

JjiOfiQ  I1L  «l(  1 , 

u 

Miller 

a 

jjurr, 

11 

A  1  r»r»T"f> 
01UUJ  c, 

H 

Nellis 

a 

(!afmnn 

Vycll  111(111, 

u 

Oaklev 

a 

l!nrr>pntpr 

V^Cll  IJvlllCl  . 

a 

<( 

VyUUUlllglUlI « 

c; 

Potter, 

Colvnrd- 

II 

Rose, 

II 

■ 

R  osphoom 

t* 

Fav 

II 

(i 

r  lttij 

l< 

II 

vjaruiici . 

(C 

Sayre, 

a 

Oregon, 

u 

ill  >, 

a 

C~-»  rnsvpnnr 

u 

oouuicrianci: 

it 

vjuyoii, 

If 

J.  ct  pit. 

it 

Hardenbergb . 

K 

xyiee, 

a 

HaM  rbsj 

If 

Tyler, 

u 

Hoit, 

U 

Van  Orden. 

II 

Holbert, 

a 

Van  Zandt, 

Homes, 

Viele, 

l( 

Hyde, 

(C 

Waite, 

a 

Jansen, 

II 

J.  Warren, 

Keeler, 

II 

Wells, 

II 

Kirtland, 

The  speaker,  (Mr.  Sheldon,)  moved  a  proviso,  "  That  no 
"  other  than  a  conditional  purchase  be  made  of  the  Western  In- 
"  land  Lock  Navigation,  to  become  absolute  when  the  commis- 
*  sioners  shall  have  satisfactory  information  from  some  experi- 
"  enced  engineer,  by  actual  examination,  that  the  accomplish- 
M  ment  of  the  contemplated  canal  is  practicable,  and  when  the 
"  said  commissioners  shall  be  authorized  by  an  act  of  the  legisla- 
I  ture  to  commence  their  operations  for  opening  the  said  tonal" 

Mr.  Clark  moved  to  expunge  from  the  proviso  the  words  in 
italics,  to  the  end  of  the  said  proviso.    Motion  lost  as  follows, 


Mr.  Arnold, 
Mr.  Benjamin, 
Mr.  Broaclhead 
Mr.  Burr. 
Mr.  Campbell, 


Negative. 

Mr.  Hawks, 
Mr.  Hill, 
Mr.  Ho.i, 
Mr.  Holbert, 
Air.  Holme*, 


Mr.  Potter, 
Mr.  liedington- 
Mr.  Ko^c. 

Mr.  Rosebl  MB 

Mr.  Rom 


» 


CANAL  LAWS,  fee. 


1816.        Mr.  Carman.  Mr.  Hyde, 

Mr.  Coddington,  Mr.  Jan9en, 

Mr.  Colvard,  Mr.  Keeler, 

Mr.  Comstock,  Mr.  Kirtland. 

Mr.  Crosby,  Mr.  Kissam, 

Mr.  Delance,  Mr.  Marvin, 

Mr.  Fay,  Mr.  Metcalf, 

Mr.  Fleet,  Mr.  Miller, 

Mr.  Grosvenor,  Mr.  Moore, 

Mr.  Guyon,  Mr.  Mott, 

Mr.  Hager,  Mr.  Oakley, 

Mr.  Hardenbergh,  Mr.  Ogden, 


Mr.  Sayre. 
Mr.  Sear?, 
Mr.  Speaker, 
Mr.  Starkweather. 
Mr.  Taylor, 
Mr.  Teeple, 
Mr.  Tyler, 
Mr.  Van  Orden, 
Mr.  Waite, 
Mr.  J.  Warren, 
Mr.  Wells, 
Mr.  Younsr.  51 


Affirmative. 


Mr.  Bicknell, 
Mr.  Boyd, 
Mr.  Bray  ton, 
Mr.  Bristoll, 
Mr.  Brother, 
Mr.  Bryan, 
Mr.  Burch, 
Mr.  Clark, 
Mr.  Close, 
Mr.  Colby, 
Mr.  Cole, 
Mr.  Coon, 
Mr.  Dodge, 
Mr.  Douglass, 


Mr.  Hopkins, 
Mr.  Howland, 
Mr.  Huntington, 
Mr.  Hurlbut, 
Mr.  Lorillard, 
Mr.  Ludlow, 
Mr.  Mclntyre, 
Mr.  Nellis, 
Mr.  Radcliff, 
Mr.  Randall, 
Mr.  Rogers, 
Mr.  Sebring, 
Mr.  Shoemaker, 


Mr.  Smith, 

Mr.  Southerland, 

Mr.  Storrs, 

Mr.  Trowbridge, 

Mr.  Tylee, 

Mr.  Vanfleet, 

Mr.  Van  Rensselaer, 

Mr.  Van  Vechteri, 

Mr.  Van  Zandt, 

Mr.  Viele, 

Mr.  Walden, 

Mr.  S.  Warren, 

Mr.  Wood  worth. 

40 


The  proviso  was  adopted  as  follows, 
Affirmative. 


Mr. 

Bicknell, 

Mr.  Hardenbergh, 

Mr.  Ogden, 

it 

Broadhead, 

it 

Hawks, 

Potter, 

tt 

Burr, 

tt 

Hill, 

a 

Redington, 

it 

Campbell, 

it 

Hoit, 

a 

Rose, 

tt 

Carman, 

it 

Holbert, 

(( 

Roseboom, 

a 

Coddington, 

«( 

Holmes, 

a 

Ross, 

Colvard, 

it 

Hyde, 

a 

Sayre, 

Comstock, 

it 

Jansen, 

tt 

Sears, 

it 

Crosby, 

tt 

Keeler, 

tt 

Speaker. 

a 

Delance, 

tt 

Kirtland, 

a 

Taylor, 

Fay, 

tt 

Marvin, 

tt 

Teeple, 

Fleet, 

a 

Metcalf, 

a 

Tylor, 
Van  Orden, 

tc 

Grcsvenor, 

tt 

Miller. 

tt 

Guyon, 

a 

Moore, 

a 

Waite, 

Hager, 

tt 

Mott, 

tt 

J.  Warren, 

n 

Hall, 

a 

Oakley, 

A'egatiz-e. 

a 

Well?, 

Sir.  Andru?, 

Mr. 

Dodge, 

k*. 

Southerlanc; 

Arnold, 

Douglas?;, 

frtorrs, 

CANAL  LAW*,  be, 


I 'Jo 


Mr.  Benjamin, 
«  Boyd, 

Bray  ton, 
'  Bristol!, 
M  Brother, 
44  Bryan, 
44  Burch. 
••  Clark. 
"  Close, 
<«  Colby, 
"  Cole, 
M  Coon, 

On  the  question, 
pass,  it  was  carried 


Mr.  Hopkins, 

>k  Howland, 

"  Huntington, 

"  Hurlburt, 

44  Lorillard, 

m  M'lntyre, 

"  Mooney, 

"  Radcliff, 

"  Rogers, 

"  Sebring, 

"  Shoemaker, 

"  Smith, 

whether  the  ivhole  bi 
in  the  affirmative,  as 

Jlffirmativr. 


Mr.  Trowbridge, 
"   Tylee,  v. 
"  Vanfleet, 
44   Van  Rensselaer, 
"   Van  Vechten, 
"    Van  Zandt, 
"  Viele, 
"  Walden, 
44   S.  Warren. 
"  Woodworth, 
"  Young, 

41. 

//,  as  amended,  should 
follows, 


181G. 
— v — 


Mr.  Arnold, 

Mr. 

Fay, 

Mr.  Rogers, 

44  Benjamin, 

CI 

Hager, 

CI 

Russel, 

"  Bicknell, 

ii 

Hall, 

II 

Sebring, 

44  Boyd, 

|i 

Hill, 

a 

Shoemaker, 

44    Bray  ton, 

ii 

Hopkins, 

iC 

Smith, 

4  Bristoll, 

ci 

Howland, 

it 

Southerland. 

44  Brother, 

cc 

Huntington, 

ci 

Speaker, 

44  Bryan, 

it 

Hurlbut, 

II 

Storrs, 
Trowbridge 

14  Burch, 

Ii 

Keeler, 

M 

44  Carpenter, 

a 

Lorillard, 

<{ 

Tylee, 

14  Clark, 

tc 

Ludlow, 

cc 

Vanfleet, 

44  Close, 
44  Colby, 

Marvin, 

II 

Van  Rensselaer" 

(< 

M'lntyre, 

Ii 

Van  Vechten, 

"  Cole, 

II 

Mooney, 

II 

Van  Zandf. 

44  Comstock, 

<c 

Mott, 

II 

Walden, 

<;  Coon, 

M 

Nellis, 

cc 

J.  Warren, 

**  Delance, 

II 

Radcliff, 
Redington, 

ft 

S.  Warren, 

44  Dodge, 

CI 

a 

Young. 

u    Douglass.  » 

55 

JVegativf . 


Andras, 
Broad he ad, 

Jtfr. 

Hardenbergh, 

Mr. 

Potter, 

Cl 

Hawks, 

cc 

Rose, 

Burr, 

cc 

Hoit, 

cc 

Roseboom 

Campbell, 

cc 

Holbert, 

CC 

Ross, 

Carman, 

cc 

Holmes, 

II 

Say re, 

Coddington, 

<f 

Hyde, 

II 

Taylor, 
Teeple, 
Tyler, 

Colvard, 

cc 

J.msen, 

Crosby, 

cc 

Kirtland, 

n 

Fleet, 

cc 

Miller, 
Moore, 

cc 

Van  Ordei>, 

Gardner, 

cc 

<( 

Viele, 

Gregory, 

II 

Oakley, 

cc 

Waite, 

Grosvenor, 

Ogden 

wetfc 

Guyon, 

2-5 

CANAL  LAWS,  &c. 

In  Senate,  June  18,  1812. 

The  proviso  adopted  by  the  assembly  to  the  first  section  of 
the  bill  was  under  consideration.  Mr.  Root  moved  to  postpone^ 
the  consideration  of  the  said  amendment  to  the  next  session  of 
the  legislature.    Motion  lost,  as  follows, 

Negative. 


Mr.  Arnold, 

"  Bloodgood, 

"  Gilbert, 

"  Hall, 

"  Hubbard, 

"  Humphreys, 

"  Lewis, 

"  Livingston, 


Mr.  Paris, 

"  Phelps, 

«  Piatt, 

«  Rich, 

"  Smalley, 

"  Smith, 

"  Townsend, 

"  Yates, 


Affirmative. 


Mr. 

cc 


Bruyn, 

Carll, 

Coe, 

Haight, 

Hopkins, 

Martin, 

Root, 


Mr. 

(C 


Rouse, 

Sanford, 

Tabor, 

Tayler, 

White, 

Wilkin, 


16 


13 


The  bill  then  passed  the  committee  of  the  senate,  and  on  the 
19th  June,  1812,  received  its  final  passage  through  the  senate, 
without  a  division.    The  law  passed  is  as  follows, 


An  act  further  to  provide  for  the  improvement  of  the  internal  navi- 
gation of  this  state. 

Passed,  June  19,  1812. 

Commissioners     I-  Bp-  $  enacted  by  the  People  of  the  state  of  New  York,  repre- 
authorised  to  sented  in  Senate  and  Assembly,  That  the  commissioners  mention- 
ment  witiTthe  G&  m  and  Dv  tne  act>  entitled  "  an  act  to  provide  for  the  improve- 
jjpstem  inland  nient  of  the  internal  navigation  of  the  state,"  passed  the  8th  of 
^CmpanjSat0n  April,  1811,  to  wit:  Gouverneur  Morris,  Stephen  Van  Rensse- 
laer, De  Witt  Clinton,  Simeon  De  Witt,  William  North,  Thomas 
Eddy,  Peter  B.  Porter,  Robert  R.  Livingston  and  Robert  Fui- 
ton,  be  and  they  are  hereby  authorised  and  empowered,  on  behalf 
of  this  state,  upon  such  terms  and  conditions  as  they  shall  deem 
reasonable,  to  purchase  all  the  rights,  interest  and  estate,  of  the 
"  president,  directors  and  company  of  the  western  inland  lock 
navigation  in  the  state  of  New  York,"  of,  in  and  to  the  inland 
waters  of  this  state,  together  with  the  locks,  canals,  lands  and 


CANAL  LAWS,  fcc. 


195 


other  property,  which  may  be  v  ested  in,  or  which  may  have  been  181G. 

acquired  by  the  said  president,  directors  and  company,  under  or  v  y — — * 

by  virtue  of  any  law  of  this  state,  so  as  to  procure  to  the  people 
of  this  state  a  conveyance  or  surrender  of  all  the  rights,  interest 
and  estate  of  the  said  corporation  ;  and  in  case  of  such  convey- 
ance or  surrender  being  made,  it  shall  and  may  be  lawful  for  the 
said  commissioners,  and  they  are  hereby  required  to  take  the 
charge  and  management  of  the  said  locks,  canals,  lands  and  all 
other  property  so  by  them  to  be  purchased  as  aforesaid,  on  behalf 
of  the  people  of  this  state,  with  the  like  powers  of  appointing  toll- 
collectors  and  other  agents,  to  exact  the  same  tolls  to  the  use  of 
the  people  of  this  state,  and  to  make  all  such  other  rules  and 
regulations  in  regard  to  the  same,  as  the  president,  directors  and 
.  oinpany  of  the  western  inland  lock  navigation  in  the  state  of 
New  York,  can  or  may  now  lawfully  make  or  establish  ;  and  that 
every  person  who  shall  after  such  conveyance  or  surrender,  do 
any  trespass  or  other  injury  to  the  said  canals,  locks,  lands  or 
other  property  aforesaid,  or  shall  violate  any  of  the  rules  and 
regulations  so  as  aforesaid  to  be  established  by  the  said  commis- 
sioners, such  person  so  offending  shall  be  liable  to  the  same 
penalties,  and  shall  pay  the  like  damages  as  such  offenders  would 
now  be  liable  to,  for  the  like  acts,  under  the  bye-laws  and  regu- 
lations of  the  said  corporation  and  the  laws  of  this  state,  to  be 
recovered  in  the  name  of  the  said  commissioners,  to  the  use  of 
this  state  :  Provided,  That  nothing  in  this  act  contained  shall  rr0V1S0- 
authorise  the  said  commissioners  to  make  any  other  than  a  con- 
ditional purchase  of  the  said  president,  directors  and  company,  to 
become  absolute  when  the  said  commissioners  shall  have  satis- 
factory information  from  some  experienced  engineer,  by  an  ac- 
tual examination,  that  the  accomplishment  of  the  contemplated 
canal  is  practicable,  and  when  the  said  commissioners  shall  be 
authorised  by  an  act  of  the  legislature  to  commence  their  opera- 
tions for  opening  said  canal. 

II.  And  be  it  further  enacted,  That  the  said  commissioners  be    They  are  »u- 
and  they  are  hereby  authorised  to  procure  any  voluntary  cessions  L.u°/,'^p|*°,pnrr1^ 
or  grants  of  any  lands,  to  the  use  of  the  people  of  this  state,  fromt  r^ions  of  * 
■  any  person  or  persons,  bodies  politic  or  corporate,  who  may  be 
I  inclined  to  make  the  same,  for  the  purpose  of  the  contemplated 
inland  navigation  from  lake  Erie  to  Hudson's  river,  or  for  the 
purpose  of  establishing  a  fund  to  be  applied  towards  the  accom- 
plishment of  the  said  object :  And  whereas  it  appears  by  the  re- 
port of  the  said  commissioners,  lately  presented  to  the  legisla- 
ture, that  a  favorable  opportunity  now  occurs  for  procuring  a 
!  loan  of  money  on  the  credit  of  this  state  :  And  whereas  it  is  de- 
i  sirable  that  this  state  should  possess  the  means  of  effectually 
prosecuting  the  important  object  of  opening  said  inland  naviga- 
tion, if  upon  full  examination  by  a  competent  and  practical  en- 
gineer, and  mature  deliberation,  the  legislature  shall  hereafter 
!  deem  it  expedient  to  undertake  that  interesting  work  :  Therefore, 


CANAL  LAWS,  8*c 


1817.       III.  Be  it  further  enacted  That  the  aforesaid  commissioners  be 
t     y     j  and  they  are  hereby  authorised  and  empowered,  on  behalf  of 
They  are  au- this  state,  to  borrow  a  sum  of  money,  not  exceeding  five  millions 
thorised  to bor-  0f  dollars,  upon  a  loan  for  not  less  than  fifteen  years,  and  at  a 

row  a  sum  not  -  .  *  ,.  ^  . 

exceeding  rate  of  interest  not  exceeding  six  per  centum  per  annum,  exclu- 
£5,000,000.  gjve  0f  incidental  expenses  of  negotiating  said  loan ;  and  the  said 
commissioners  are  hereby  authorised  to  pledge  the  faith  of  this 
state  for  the  payment  of  such  interest,  and  for  the  reimbursement 
of  said  principal  sums  so  to  be  borrowed  as  aforesaid. 
How  the  IV.  And  be  it  further  enacted,  That  the  sum  so  to  be  borrowed 
Svested.*11  be  by  tne  sa^  commissioners  be  invested,  in  the  name  of  the  people 
of  this  state,  in  public  stock,  or  such  other  fund  or  funds  as,  in 
their  opinion,  by  and  with  the  advice  and  consent  of  the  person 
administering  the  government  of  this  state,  may  be  most  safe  and 
productive,  with  full  power  in  the  said  commissioners,  from  time 
to  time  in  their  discretion,  and  with  the  consent  of  the  person  ad- 
ministering the  government  of  this  state,  to  control  the  monies  so 
invested,  and  the  interest  thereof,  by  transferring  the  same,  or 
any  part  thereof,  from  one  fund  to  another,  and  upon  such  secu- 
rities and  assurances  as  they  may  deem  proper,  on  behalf  of  the 
people  of  this  state. 
Interest  to  "V.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
be  paid  punc-  said  commissioners,  and  they  are  hereby  required  punctually  to 
pay  the  interest  which  shall  from  time  to  time  accrue  upon  the 
monies  so  to  be  borrowed  as  aforesaid  ;  and  the  said  commis- 
sioners shall  annually  make  a  report  to  the  legislature  of  this 
state,  exhibiting  a  particular  account  of  the  monies  so  to  be  bor- 
rowed as  aforesaid,  of  the  fund  or  funds  in  which  the  same  shall 
be  invested,  and  of  all  payments,  receipts  and  expenditures, 
relating  thereto.] 


tifally. 


XIV. 

REPORT  OF  THE  COMMISSIONERS  UNDER  THE 
ACT  OF  APRIL  17,  1816. 

In  Assembly,  February  17,  1817. 

The  report  of  the  commissioners  appointed  to  superintend  the" 
surveys  and  construction  of  the  western  and  northern  canals,  was 
read,  and  is  in  the  words  and  figures  following,  to  wit : 

The  commissioners  constituted  by  the  act,  entitled  "  an  act  to 
Report,  &c.  provide  for  the  improvement  of  the  internal  navigation  of  this 
state,"  passed  17th  April,  1816,  most  respectfully  present  the 
following  report  to  the  legislature,  being  "  a  plain  and  compre- 
hensive report  of  their  proceedings,"  as  required  by  the  said  aofc 

The  duties  enjoined  upon  the  commissioners,  ar<v- 


CANAL  LAWS,  8W« 


ist.  To  devise  and  adopt  such  measures  as  shall  be  requisite  1817. 
to  facilitate  and  elfect  a  communication,  by  canals  and  locks,  be-  v^-v-*w/ 
tween  Lake  Erie  and  the  navigable  waters  of  Hudson's  river,  and  "dut,es  enJ0in" 
also  between  Lake  Champlain  and  the  said  navigable  waters. 

2d.  To  examine  and  explore  the  country,  for  the  purpose  of 
determining  the  most  eligible  routes,  for  the  contemplated  canals ; 
to  cause  surveys  and  levels  to  be  taken,  and  maps,  field-books 
and  draughts  to  be  made,  and  to  adopt  and  recommend  proper 
plans  for  the  construction  and  formation  of  the  said  canals,  and 
of  the  locks,  dams,  embankments,  tunnels  and  aqueducts  ;  and  to 
cause  all  necessary  plans,  models  and  draughts  thereof  to  bo 
executed. 

3d.  To  calculate  and  estimate  the  expense  of  the  above  ope- 
rations. 

4th.  To  ascertain  whether  to  any,  and  to  what  amount,  and 
upon  what  terms,  loans  of  money  can  be  procured,  on  the  credit 
of  the  state,  for  the  above  purposes — and 

5th.  To  apply  for  donations  of  land  or  money,  in  aid  of  those 
undertakings,  to  the  United  States,  to  states  interested,  to  corpo- 
rate bodies,  and  to  individuals. 

The  commissioners  met  in  New-York,  on  the  17th  day  of  May 
last,  and  after  having  organized  the  board,  they  conceived  it  best, 
to  effect,  if  practicable,  the  objects  of  the  legislature,  in  the  course 
of  the  season.    With  this  view,  they  agreed  to  appoint  three  engi- 
neers for  the  Eric,  and  one  for  the  Champlain  canal ;  each  engineer 
to  be  assisted  by  a  surveyor,  and  a  competent  number  of  hands. 
The  Erie  canal  was  divided  into  three  great  sections,  and  an  en-  ridrf  fata  S 
gineer  assigned  to  each  ;  the  western  section  extending  from  Lake  cbalnphm 
Erie  to  the  Seneca  river  ;  the  middle  section  from  the  said  river  int00r»e- 
to  Rome  ;  and  the  eastern  section  from  Rome  to  the  Hudson.  In 
the  course  of  their  investigations,  they  found  it  expedient  to  ap- 
point a  fourth  engineer,  to  explore  and  survey  the  country  from 
Buffalo  to  the  east  line  of  the  Holland  purchase,  on  the  south 
side  the  mountain  ridge,  it  being  represented,  that  this  route 
might  be  preferable  to  that  on  the  north  side. 

The  best  artificial  navigation  in  the  United  States  beinff  the  «  . 

M.,  ©        They  view  the 

Middlesex  canal,  m  Massachusetts,  two  of  the  commissioners,  Middlesex  Ca- 

accompanied  by  two  of  the  engineers,  proceeded  to  examine  it,  " ' 

1  m  order  to  obtain  practical  information  on  the  subject. 

'    Another  meeting  of  the  commissioners  was  held  at  Utica,  on  . 
•♦Ui£t_j/«Ti         '  •  Meeting  at  l/- 

tne  15th  day  of  July  ;  alter  which,  three  of  them  explored,  in  per-  tk*,  July  ijhk 

^on.  the  principal  ami  most  important  parts  of  the  route  nf  the 


CANAL  LAWS.  &c. 


1817     route  of  the  western  canal,  and  superintended  and  directed  the 

'  v  *  general  operations  of  the  engineers :  And  in  the  course  of  the 

season,  two  of  those  commissioners  attended,  in  like  manner,  to 
the  northern  canal,  while  their  colleagues  continued  to  devote 
their  attendance  to  the  concerns  of  the  other. 
Dimensions'  of    The  dimensions  of  the  western  or  Erie  canal  and  locks,  ought, 
andbcksj&c?  in  tne  opinion  of  the  commissioners,  to  be  as  follows,  viz.  width 
on  the  water  surface,  forty  feet,  at  the  bottom,  twenty-eight  feet, 
and  depth  of  water,  four  feet ;  the  length  of  a  lock,  ninety  feet, 
and  its  width,  twelve  feet,  in  the  clear.    Vessels  carrying  one 
hundred  tons,  may  navigate  a  canal  of  this  size  ;  and  all  the  lum- 
ber produced  in  the  country,  and  required  for  market,  may  be 
transported  upon  it. 
Koute  of  canal    The  route  °f tne  canal,  as  explored,  has  been  carefully  desig- 
pbredeandeX  natec*       bench  marks,  level  pegs  and  other  fixtures  ;  and  in 
marked,  &c.   obedience  to  special  instructions,  given  by  the  commissioners, 
shafts  have  been  sunk  into  the  earth,  in  various  places,  to  ascer- 
tain its  nature,  with  a  view  to  a  just  estimation  of  the  labor  re- 
quired, and  the  expense  to  be  incurred  ;  and  great  pains  have 
been  taken  to  collect  all  the  facts  which  might  be  requisite  to 
elucidate  the  facilities  in  favor,  and  the  impediments  in  the  way, 
of  this  great  undertaking. 
First  section.     From  their  own  examination,  the  commissioners  determined; 
roa,mectedt0bethat  it  would  be  expedient  to  connect  the  west  end  of  the  great, 
lo  creek  B&?'  ca™l  with  the  waters  of  Lake  Erie,  through  the  mouth  of  Buffalo 
creek.    In  adopting  this  determination,  they  were  influenced  by 
the  following  considerations :  It  is  important  to  have,  at  that  end 
a  safe  harbor,  capable,  without  much  expense,  of  sufficient  en 
largement  for  the  accommodation  of  all  boats  and  vessels,  that  si 
very  extensive  trade  may  hereafter  require  to  enter  and  exchange 
their  lading  there.    The  waters  of  Lake  Erie  are  higher,  at  tin 
mouth  of  the  Buffalo,  than  they  are  at  Bird  Island,  or  any  poin 
further  down  the  Niagara;  and  every  inch  gained  in  elevatioi 
will  produce  a  large  saving  in  the  expense  of  excavation,  through 
out  the  Lake  Erie  level. 

That  section  of  the  route  which  extends  from  Buffalo  to  th« 
Part  of  route  east  line  of  the  Holland  purchase,  and  lying  south  of  the  moun 
WPFeeacobck.  tain  ridge,  as  before  described,  was  explored  by  William  Pea 
cock,  Esq.  as  engineer,  under  the  superintendence  of  Josep 
Ellicott,  Esq.  one  of  the  commissioners,  who  had  been  previous! 
requested,  by  a  vote  of  the  board,  to  afford  such  superintendanc* 


CANAL  LAWS,  &c.  199 

• 

In  the  details  of  this  section,  reference  is  made  to  Mr.  Ellicott's  v   18J7,  y 
report  to  the  president  of  the  board,  and  to  the  field  notes,  Firgt  gection 
draughts,  maps  and  remarks  of  the  said  engineer,  all  of  which 
are  herewith  presented. 

Beginning,  then,  at  a  point  in  the  little  Buffalo  creek,  mark-  Detail3  of  one 
ed  F,  on  the  map,  and  extending  two  miles,  to  the  southern  ex- section  of  the 

i  ^  i-         r  1  canal,  and  ot 

tremity  of  Black  Rock,  marked  G,  the  line  ot  the  canal  passes  expense  of  ex- 
over  a  marsh,  of  which  more  than  two  feet  consists  of  light  muck0*™*00, 
testing  upon  a  strong  bed  of  clay,  suitable  for  brick.    The  ave- 
rage depth  of  cutting,  for  this  distance,  will  be  nearly  ten  feet. — 
To  perform  it  will  require  the  excavation  of  33,350  cords  of 
earth,  which  is  estimated  at  $112  1-2,  and  would  cost  $37,518 
From  G  to  E,  on  the  map,  is  a  mile,  and  includes  the  margin  of 
Niagara  river,  at  Black  Rock.    The  rock  here  is  composed  of 
limestone,  mixed,  in  the  upper  stratum,  with  flint ;  and  as  the 
average  depth  of  cutting  will  be  five  feet,  there  must  be  excavated 
49,960  perches  of  stone.    At  62  1-2  cents  per  perch,  this  would 
cost  $30,600 

It  is  believed,  however,  that  by  erecting  a  wall  near  the  river, 
and  puddling  it  for  the  lower  bank,  the  canal  may  be  made,  for 
this  mile,  at  an  expense  not  exceeding  half  of  the  above  estimate. 
From  the  letter  E,  at  Black  Rock  ferry,  to  L,  at  the  Tonnewan- 
ta  creek,  the  line  of  the  canal  continues  along  the  margin  of  Ni- 
agara river,  the  distance  being  thirteen  miles.    A  part  of  this  dis- 
tance will  be  completed,  by  moving  earth  enough  to  form  tin* 
lower  bank  of  the  canal  only  ;  nevertheless,  to  cover  the  expense 
1  of  making  culverts  and  small  embankments,  at  several  creeks 
which  cross  the  canal  line,  the  average  depth  of  excavation  is  cal- 
culated at  five  feet.    This  calculation  will  require  the  removal 
of  80,600  cords  of  earth,  which  at  one  dollar,  would  amount  to 

$80,600 

At  L,  it  is  proposed  to  erect  a  dam,  across  the  creek,  of  suffi- 
cient height  to  raise  the  waters  thereof  to  the  level  of  Lake  Erie. 
This  height  would  be  four  feet  deep  and  sixty  eight  hundredths  ; 
and  the  expense  of  the  dam  is  estimated  at  $8,500 

Such  a  dam  would  produce  a  level  surface  of  from  fourteen  to 
twenty  perches  wide,  and  an  abundant  depth  of  water  for  seven- 
teen miles  up  the  Tonnewanta,  to  R.  Both  banks  of  this  creek 
are  bold  :  a  towing  path  might  be  made  on  either  for  $600  per 
mile,  and  would  therefore  con  for  the  whole  distance      $  10,20<1 


200  CANAL  LAWS',  Uc~. 

1817.    Thus  might  the  canal  be  completed,  for  seventeen  miles,  by  using 

>  — '  the  bed  of  this  creek,  at  the  expense  of  $18,700 

First  section.  jn  most  cases?  experience  is  decidedly  against  making  use  of  the 
channels  of  natural  streams,  on  any  part  of  the  route  of  a  canal 
navigation.  These  streams  are  so  apt  to  produce  injury  to  the 
artificial  works  with  which  they  are  connected,  by  freshets  in  the 
spring  with  a  strong  and  muddy  current,  by  want  of  water  in  the  fall, 
and  the  sudden  changes  to  which  they  are  liable  at  all  seasons,  that 
they  should  be  avoided,  except  as  feeders,  almost  always  when 
it  is  practicable.  But  to  these  remarks  the  Tonnewanta  affords 
an  exception.  After  the  dam  is  built  near  its  mouth,  that 
part  of  it  which  it  is  intended  to  use,  will  have  much  more  the 
character  of  a  quiet  narrow  bay,  or  an  artificial  canal,  than  of  a 
natural  stream  ;  and  to  give  it  still  more  of  this  character,  pro- 
vision might  be  made,  with  very  little  expense,  at  the  point  where 
its  waters  are  first  subservient  to  the  canal,  to  turn  all  its  super* 
fluous  freshets  and  floods  down  the  Oak  Orchard  creek  into  lake 
Ontario. 

The  expense  of  a  lock  near  the  dam,  for  the  purpose  of  facili- 
tating the  navigation  from  Schlosser  to  lake  Erie,  would  be 

$10,000 

At  R,  on  the  Tonnewanta,  thirty-three  miles  from  the  west  end 
of  the  canal,  the  lake  Erie  level  terminates.  From  this  place  to 
C,  on  the  summit  level  between  lake  Erie  and  the  Genesee  river, 
is  twelve  miles.  In  this  distance  locks  must  be  constructed  for  a 
rise  of  seventy-four  feet  and  eighty  hundredths.  It  would  proba- 
bly be  expedient  to  divide  this  rise  equally  between  ten  locks,  in 
which  case  the  lift  of  each  would  be  seven  feet  and  forty-eight 
hundredths.  Of  these  locks  three  might  be  placed  at  R,  four  at 
C,  and  the  remaining  three  at  some  convenient  place  or  places 
between.  The  expense  of  them  would  not  exceed  $100,000 
Between  R  and  C  the  country  is  remarkably  even.  The  average 
quantity  of  earth  to  be  excavated  in  each  mile  of  this  part  of  the 
route,  is  estimated  at  3,786  cords,  which,  as  the  plough  and  scra- 
per might  be  almost  exclusively  used,  would  not  cost  more  than 
sixty-two  and  an  half  cents  per  cord.  At  this  rate,  twelve  miles, 
the  distance  between  R  and  C,  would  cost  $28,275 

The  length  of  the  summit  level,  from  C  to  B,  is  seventeen 
miles  ;  and  it  passes  over  a  country  so  very  level,  that  an  average 
depth  of  four  feet  of  excavation  is  all  that  will  be  required 


CANAL  LAWS,  &c. 


To  effect  this,  the  removal  of  5,050  cords  of  earth  per  mile,  will  1817, 
be  necessary,  and  such  removal  may  be  performed  for  seventy-  tr^^T^ 
five  cents  per  cord,  amounting,  for  seventeen  miles  to  $64,3S7 

From  D,  on  the  Tonnewanta  creek,  to  C,  on  the  west  end  of 
the  summit  level,  it  is  intended  to  construct  a  feeder,  sixteen  feet 
wide  and  four  feet  deep.  The  length  of  this  feeder  will  be  four 
miles  and  sixty  chains,  and  2,640  cords  of  earth  per  mile  must  be 
removed  in  order  to  complete  it ;  at  seventy-five  cents  per  cord, 
this  would  cost  $9,443 

From  the  end  of  the  canal,  at  Buffalo,  to  B,  at  the  east  end  of 
the  summit  level  west  of  the  Genesee  river,  is  sixty-two  miles. 
In  his  report  relating  to  this  section,  Mr.  Ellicott  observes,  that 
in  the  preceding  estimates  of  expense  little  has  been  left  to  con- 
jecture. The  aggregate  amount  of  these  estimates  is  $379,523 
To  which  he  adds  ;  for  grubbing  and  clearing  ;  for  conducting 
Bigelow's  and  Spring  creeks  into  the  summit  level,  near  its  east 
end  ;  and  for  pay  of  engineers  and  officers  to  superintend  the  exe- 
cution of  the  work,  $70,477 
making  the  entire  expense  of  these  sixty-two  miles  $450,000 

It  will  be  observed,  that  if  the  canal  takes  the  direction  here 
indicated,  it  will  be  raised  seventy-four  feet  and  eighty  hundredths 
above  the  level  of  lake  Erie,  in  which  case  recourse  must  be  had 
to  other  reservoirs  for  its  supply  of  water.  Common  prudence 
demands,  that  upon  this  subject  every  doubt  should  be  removed, 
before  this  route  is  definitively  adopted.  Mr.  Ellicott  has  had 
the  sources  of  this  supply  guaged,  with  great  care,  during  the 
driest  part  of  the  last  season,  which  has  been  more  remarkable 
for  severe  drought  than  any  ever  before  experienced  in  that  part 
of  the  state. 

Independently  of  waters  deemed  sufficient  to  repair  the  waste 
occasioned  by  evaporation  andsoakage,  these  sources  consist  of  ten 
streams  naturally  flowing,  or  capable  of  being  conducted  into  the 
summit  level.  When  these  streams  were  guaged,  they  afforded 
in  the  aggregate  253,435  cubic  feet  of  water  per  hour,  which 
would  fill  six  hundred  and  seventy-three  locks  every  day,  and 
provide  for  the  passage  of  1,209,600  tons  during  eight0ionths, 
in  boats  of  thirty  tons  burthen.  Besides,  the  raising  of  one  of  the 
canal  banks  to  the  necessary  height  for  a  towing  path,  on  the 
summit  level,  would  produce  the  flooding  of  more  than  a  thousand 
acres  of  land,  which  as  a  reservoir,  together  with  the  hourly  dis- 

26 


2.02 


CANAL  LAWS,  fcc. 


Fir&t  section. 


1817.    charge  of  the  streams  above  mentioned,  would  be  abundantly 
sufficient  for  all  the  wants  of  this  level. 

From  the  east  end  of  this  level,  down  the  valley  of  Black 
creek,  and  along  the  west  bank  of  the  Genesee  river,  to  the  point 
where  the  route  explored  north  of  the  mountain  ridge  passes  that 
river,  the  face  of  the  country  has  not  been  scientifically  examin- 
ed. It  is  well  known  however  to  present  no  serious  impediments 
to  the  construction  of  a  canal ;  and  its  facilities  are  thought  to 
be  such,  that  if  the  difficulties  occurring  on  the  summit  level 
do  not  prevent,  the  canal  should  certainly  take  this  direction. 
The  length  of  this  unexampled  section  would  be  about  thirty  miles; 
and  it  would  require  locks  for  a  fall  of  one  hundred  and  thirty- 
nine  feet  and  eighty  hundredths.  The  Expense  of  these  locks 
might  be  estimated  at  $150,000 
and  all  other  expenses  of  this  distance  at  $6,000  per  mile, 

$180,000 

making  the  entire  cost  from  lake  Erie  to  the  Genesee  river,  in 
this  direction,  $780,000 

At  a  point  eleven  miles  up  the  Tonnewanta  creek,  from  its 
mouth,  that  section  of  the  route  assigned  to  James  Geddes, 
Esquire,  as  engineer,  commences,  and  extends  eastward  to  the 
Seneca  river.  In  the  details  of  this  section,  reference  is  made  to 
the  minutes,  maps,  profiles  and  draughts  of  the  said  engineer, 
herewith  presented. 

Pursuing  this  route,  the  canal  never  rises  above  the  lake  Erie 
level.  It  would,  therefore,  derive  its  waters,  until  it  descends  to 
the  Genesee  level,  and  as  much  further  as  may  be  necessary,  from 
that  never  failing  reservoir. 
Map  No.  1.  Map  No.  1,  includes  six  miles  and  forty-two  chains  of  the 
route,  on  this  section. 
Expenses,  &c.  From  the  place  of  its  commencement,  at  the  distance  of  five 
miles  and  sixty-four  chains,  this  route  reaches  the  brow  of  the 
mountain  ridge.  For  the  first  forty-four  chains  of  this  distance, 
it  falls  in  the  channel  of  a  small  stream,  and  for  twenty-two 
chains  the  channel  of  that  stream  is  sufficiently  wide  and  deep 
for  ttm  canal.  But  a  towing  path  on  its  margin  would  cost 
$7  50  per  chain,  $165 
To  give  the  other  twenty-two  chains  the  average  width  and  depth 
of  the  canal,  2438  cubic  yards  of  earth  must  be  exGavated  ;  at 
,Sjrgfcte«n  f*ut%  tfcis  wonjd  cost  $440 


CANAL  LAWS,  fcc,  3*9 


F  irst  section. 


Add  for  towing  path,  at  the  same  rate  as  above,  §16 5  1S1 

The  expense  of  the  next  thirty  chains,  as  a  little  deep  cutting  is  to 
be  encountered  in  it,  is  estimated  at  $3,01S 
At  this  place,  seventy-four  chains  northerly  from  the  Tonnewan- 
ta  creek,  commences  the  deep  cutting,  which  continues  four 
miles  and  seventy  chains  to  the  brow  of  the  ridge  above  mention- 
ed, and  there  terminates  the  lake  Erie  level,  in  this  direction. 

As  the  excavation  of  the  canal,  through  this  distance,  consti- 
tutes one  of  the  most  serious  difficulties  presented  on  the  whole 
route,  great  pains  have  been  taken  to  avoid  all  impracticable  data 
of  calculation  relating  to  it,  and,  at  the  same  time,  to  give  to  the 
work  such  dimensions  and  construction  as  may  be  required,  with 
the  greatest  attainable  economy.  Throughout  this  deep  cutting 
the  calculations  embrace  a  width  of  water  on  the  surface  of  the 
canal  of  twenty-seven  feet ;  a  bank  from  the  bottom  to  an  eleva- 
tion of  five  feet  on  each  side,  of  such  a  slope  as  that  twelve  inches 
rise  will  give  a  base  of  eighteen  inches  ;  a  recess  at  this  elevation, 
inone  bank  of  two  feet,  and  in  the  other  of  one  ;  and  an  ascent 
of  both  banks  from  these  recesses,  to  the  natural  surface  of  the 
earth,  at  an  angle  of  forty-five  degrees  with  the  horizon.  The 
earth  here  consists  of  a  still' brown  clay,  which,  in  the  banks  of 
the  Tounewanta,  stands  fifteen  feet  high  at  a  steeper  slope  than 
the  one  above  proposed  for  the  canal  banks  above  the  water.  Of 
the  recesses,  the  least  is  for  a  berm,  and  the  largest  for  a  towing- 
path,  to  be  completed  in  a  manner  described  below. 

In  order  to  conform  to  these  calculations,  the  first  sixty-one 
chains  of  this  deep  cutting,  which  rises  from  fourteen  to  seven- 
teen feet  abovo  the  bottom  of  the  canal,  would  require  the  ex- 
cavation of  08,106  cubic  yards  ;  but  as  there  flows  through  this 
distance  a  brook,  which  has  scooped  out  a  channel  averaging 
three  feet  deep  by  thirty  feet  wide,  there  may  be  deducted  13,380 
cubic  yards,  from  the  number  above  stated,  leaving  to  be  actu- 
ally excavated  54,726,  which  at  twenty-five  cents,  will  cost 

$13,681 

For  the  next  forty  chains  and  twenty  links,  the  depth  of  cut- 
ting will  average  eighteen  feet,  and  making  for  this  distance  a 
deduction,  on  account  of  the  channel  of  the  brook,  at  nearly 
the  same  rate  as  above,  the  number  of  yards  to  be  excavated 
will  be  60,000,  which  at  twenty-seven  cents  will  cost  $16,200 

For  the  next  forty-eight  chains  and  eighty  links,  the  average 


CANAL  LAWS,  &c. 


1817.    depth  is  nineteen  feet  seventy-five  hundreths  ;  number  of  yards 

*  v  'to  be  excavated  97,442,  which   at  twenty-eight  cents  will 

F'rS<SeCti°n-  cost  $  26,983 

For  the  next  two  hundred  and  forty  chains,  the  average  depth 
is  twenty-five  feet,  number  of  yards  to  be  excavated  687,866,  at 
thirty-one  cents,  will  cost  $  213,238 

The  medium  expense  of  excavating  a  cubic  yard  of  earth,  in 
this  deep  cutting,  has  been  adopted  from  an  estimate  of  the  ex- 
pense of  such  excavation  to  four  different  depths  below  the  sur- 
face, viz  :  to  6  1-4  feet,  to  12  1-2  feet,  to  18  3-4  feet,  and  to 
twenty-five  feet ;  and  the  medium  expense  of  such  excavation  to 
the  first  depth  is  estimated  at  -       -       -        $  00  16 

To  the  2d  at   26 

To  the  3d  at    -       -       -  -       -  36 

To  the  4th  at   -       -       -  '     -       -       -  '46 


Divide  the  aggregate  of  these  sums  by  4  )  124 


and  the  medium  is  31 
w  hich  is  the  rate  per  yard  adopted,  for  the  most  part,  in  the  above 
calculations ;  and  where  it  is  not,  to  avoid  fractions,  a  rate 
somewhat  higher  has  been  adopted 

In  effecting  this  excavation,  it  is  proposed  to  use  the  machine 
described  in  page  eighty-two  of  a  publication,  entitled  "  A 
Treatise  on  Internal  Navigation,"  he.  To  the  above  items  of 
expense,  therefore,  add,  for  making  the  machine,  keeping  it  in 
repair,  and  moving  it  as  may  be  wanted,  $2,500 
^Towing  path,  To  construct  a  towing  path  through  this  deep  cutting,  it  will 
be  necessary  to  erect  a  dry  stone  wall,  on  the  side  of  the  largest 
recess  above  mentioned,  three  and  a  half  miles  long.  This  wall 
should  be  thirty  inches  thick  at  the  bottom,  twenty-four  at  the 
top,  and  six  feet  high.  Let  it  be  laid  two  feet  below  the  water, 
to  prevent  injury  by  frost,  and  four  feet  above,  with  a  suitable 
battering ;  fill  up  the  space  between  it  and  the  recess,  and  then 
the  wall ;  the  recess  and  the  space  between  them  filled  up  will 
form  a  towing  path  six  feet  wide.  Such  a  wall  would  consume 
10,0S0  perches  of  stone,  after  they  are  laid  up.  They  may  be 
laid  up  at  eighty- seven  and  a  half  cents  per  perch,  amounting 
to  $8,820 
The  stone  could  be  furnished  from  the  north  end  of  the  deep 
cutting,  without  any  expense,  except  that  of  moving  them  to  the 


CANAL  LAWS,  &c. 


205 


line  of  the  wall,  which,  estimated  at  two  dollars  per  cord,  and  1817. 
making  an  allowance  for  waste  of  more  than  twenty-five  per  cent.  "v 

it  m.  r  ^  .  ^  First  section. 

would  amount  to  $  5,040 

For  one  mile  and  thirty  chains  of  this  deep  cutting,  no  ex- 
pense of  erectingja  wall  to  support  the  towing  path,  is  estimated. 
By  sinking  shafts,  where  the  ground  is  dry,  and  sounding  it  with 
a  pole  where  it  is  not,  in  various  places,  from  the  brow  of  the 
precipice  southerly,  it  is  found,  that  a  rock  of  lime-stone  must  be 
excavated,  for  that  distance,  lying  at  from  one  to  ten  feet  below 
the  surface.  But  the  number  of  cubic  yards  to  be  excavated  in 
this  rock  will  be  so  much  diminished  by  making  the  banks  per- 
pendicular, that  after  allowing  a  recess  in  one  of  them  for  a  tow- 
ing path,  six  feet  wide,  and  calculating  the  expense  of  such  ex- 
cavation at  seventy-two  cents  per  yard,  which  it  is  believed  will 
be  warranted  by  the  data  afforded  in  the  two  letters  from  Mr. 
Porter  and  the  Messrs.  Browns,  subjoined  to  this  report,  the  ex- 
tra expense  of  this  one  mile  and  thirty  chains  will  be  $  25,000 
At  the  end  of  this  deep  cutting  the  line  of  the  canal  descends 

05  feet  to  the  level  of  the  Genesee  river  ;  and  this  descent  is  cal- 
culated to  be  effected  by  8  locks,  of  which  the  whole  expense  is 
estimated  at  $  73,586 

The  remainder  of  the  route,  on  this  map,  is  51  chains,  which 
exhibits  an  uneven  surface,  requiring,  however,  no  considerable 
embankment  or  deep  cutting,  but  in  some  places  rugged  with 
stone.    The  expense  of  it  is  estimated  at  $  5,610 

Many  bridges  will  be  required  across  this  canal,  but  they  need  Bridges,  &c 
not  be  expensive.    Make  two  stone  abutments  22  feet  apart ;  let 

6  feet  between  them  serve  for  a  towing  path,  leaving  16  feet  in 
width  of  water;  let  string-pieces  be  laid,  from  one  of  these 
abutments  to  the  other,  in  sufficient  numbers  and  size  to  support 
a  flooring  20  feet  wide;  make  this  flooring  of  plank;  over  the 
whole  place  a  suitable  railing ;  and  the  average  expense  of  such 
bridges  will  not  exceed  $  300 
Much  of  the  route  of  the  canal  will  pass  through  woods,  or  land 
newly  cleared.  Considerable  expense  in  grubbing  and  clear- 
ing, will  therefore  be  incurred.    This  expense  will  be  estimated 

, at  1,000  dollars  per  mile. 
I  I    Add,  therefore,  to  the  foregoing  items  of  expense  the  cost  of 
me  bridge,  $  300 

rubbing  and  clearing  6  miles  and  42  chains  $  6,525 


206 


CANAL  LAWS,  &c. 


1317.       and  the  aggregate  amount  of  expenses  through  the 

first  map  will  be  $401,271 
Map  No.  2,  includes  7  miles  and  34  chains.  From  the 


First  section 


exTOnsef  cat     beginning  of  the  route  on  this  map  easterly,  the  ex- 


culated. 


tra  expenses  only  will  be  estimated,  in  the  first  place, 
and  afterw  ards  the  expense  of  excavation  common  to 
every  mile  will  be  added 

At  D,  a  hill,  composed  of  a  yellow  slate  gravel,  is  to 
be  cut  through,  where  6,450  yards  of  earth  must  be 
moved,  at  20  cents,  $  1 .290 

The  next  difficulty  occurs  in  34  chains  of  side-lying 
ground,  of  which  the  declivity  is  such,  that  a  base 
line  of  22  feet,  gives  a  perpendicular  line  of  ten 
and  an  half  feet.  Here  it  is  proposed  to  erect  two 
dry  stone  walls  to  support  the  two  banks  of  the  ca- 
nal. If  these  walls  are  fifteen  feet  high,  they  ma}' 
be  placed  so  far  apart  as  to  give  a  width  of  water 
on  the  surface  of  the  canal  exceeding  30  feet,  and 
afford  all  needful  support  to  the  banks.  Make  them 
3  feet  thick,  and  they  will  consume  7,480  cubic 
yards  of  stone.  Stone  of  the  best  quality,  and  in 
great  abundance,  are  to  be  found  at  the  east  end  of 
the  proposed  walls,  and  it  is  believed  they  may  be 
moved  and  laid  up,  at  $1  40  per  yard,  $  10,472 

Over  a  small  stream,  which  falls  into  the  Eighteen 
mile  creek,  must  be  an  embankment  of  13,839  cubic 
yards,  at  20  cents,  $  2,77( 

There  are  three  other  embankments  to  be  made,  in  this 
map,  which  may  be  estimated  at  the  price  of  the 
last,  in  the  aggregate,  .<  S,3K 

At  S  occurs  a  little  deep  cutting,  71( 
a  larger  one  near  it  is  estimated  at  1 ,48*' 

On  this  map  must  be  10  small  culverts,  1,00( 
and  2  bridges,  GOi 

Between  E  and  D,  the  slope  of  the  hill  is  such  as  to  re- 
quire some  extra  expense  :  and  between  W  and  V, 
the  ground  is  stony  and  uneven.  Both  of  these  pla- 
ces are  estimated  at  the  sum  of  $6,00< 

For  grubbing  and  clearing  6  miles  and  40  chains,  6,50< 

Aggregate  of  extras  on  this  map,  #39,13 


CANAL  LAWS,  &e. 


Map  No.  3  includes  G  miles  and  1 1  chains.  The  deep 
cuttings,  on  this  map,  are  very  inconsiderable ;  they 
are  estimated,  in  all,  at 

The  contents  of  the  embankment  required  over  the  east 
branch  of  Eighteen  mile  creek,  is  10,984  cubic 
yards,  at  near  20  cents, 

Johnson's  creek  will  require  another  embankment  of 
;>.700  cubic  yards, 

JJut  in  addition  to  these  sums  the  expense  of  large  cul- 
verts must  be  incurred  at  both  of  these  streams.  In 
the  bed  of  each  of  them  lie  strata  of  red  sand  stone, 
which  may  be  taken  up  in  pieces  large  enough  to 
cover  water-ways  of  sufficient  size  to  discharge  their 
floods.  The  length  of  the  water-way,  at  Eighteen 
mile  creek,  after  due  allowance  for  wing  walls,  must 
be  90  feet;  at  Johnson's  creek  it  must  be  100  feet. 
Double  this  length  of  wall,  in  order  to  make  it  on 
both  sides  of  the  water-way,  make  it  3  feet  thick, 
and  raise  it  8  feet  high,  and  then  cover  the  walls 
and  the  space  of  4  feet  between  them,  with  the  sand 
stone  above  mentioned,  3  feet  deep,  and  the  solid 
contents  of  stone  work  required  will  be  600  perches. 

'  For  this  stone  work,  when  complete,  as  the  best  of 
stone  lie  very  handy,  the  expense  need  not  exceed 
$  I  V2\  per  perch,  in  all 

3  bridges, 

Grubbing  and  clearing  6  miles  and  11  chains. 


1817. 

First  section. 

$'2,200  MipNa3 

expenses  cat 


culafcd. 


$2,000 
$912 


$675 
900 
G,137 


Vggregate  of  extra's  on  this  map, 
Map  No.  4  includes  6  miles  and  71  chains.    At  F.  is  a 
valley,  where  an  embankment  is  required,  which 
with  deep  cutting  between  D.  and  C.  and  the  em- 
bankment at  C,  will  cost 
\t  Oak  Orchard  creek,  an  aqueduct  will  be  necessary, 
200  feet  in  length ;  and  it  may  be  constructed  of 
stone  abutments  and  piers  supporting  a  wood  su- 
perstructure, to  be  replaced  hereafter,  perhaps,  by 
!   one  of  stone  or  iron.    The  bottom  of  the  creek, 
consisting  of  rock,  is  2S  \  feet  below  the  contemplated 
surface  of  water  in  the  canal.    Good  stone  are  here 
on  the  spot,  and  two  piers  between  the  abutments, 


#12,824 


Map  No. 
expenses  ca 
cufated. 


£2,400 


- 


S>08  CANAL  LAWS,  Uc. 

1811.       may  be  so  placed,  as  with  them  to  afford  three  spa 
^— ^     ces  of  50  feet  by  23  for  the  passage  of  the  water  be^ 
First  section.     jow    rpj^  jg  the  cree^  mt0  ^fach  it  is  thought  ex- 
pedient to  bring  the  tipper  floods  of  the  Tonnewanta . 
and  when  it  is  considered  that  its  bed  is  smooth, 
rocky,  and  of  considerable  declivity,  with  a  perpen- 
dicular fall,  two  chains  below,  of  25  feet,  the  pro- 
vision for  a  water  passage  will  probably  be  deemed 
adequate.    The  better  to  support  the  wood  part 
of  this  aqueduct,  with  the  least  possible  diminu- 
tion of  the  water-way,  braces  might  be  introduced 
with  one  end  resting  in  the  stone  work  of  the  abut- 
ments and  'piers,  and  the  other  end  mortised  into 
the  string  pieces  stretching  across  the  spaces  be- 
tween.   The   expense  of  (his   aqueduct  is  esti- 
mated at  10,000 
The  deep  cutting,  at  the  east  end  of  it,  requiring  the 
moving  of  9,256  cubic  yards,  consisting  partly  of 
sand  stone,  would  cost,  at  40  cents,  3,700 
The  embankment  at  the  west  end  is  estimated  at  1,144 
For  uneven  places,  west  of  Oak  Orchard,  creek,  not 
heretofore  enumerated,  and  from  X  to  the  east  end 
of  the  map,  3,000 
For  4  small  culverts,  400 
For  2  bridges,  600 
For  grubbing  and  clearing  6  miles  and  71  chains,  6,912 




Aggregate  of  extra's  on  this  map,  28,156 
Map  No.  5,  ^aP         5  includes  6  miles  and  73  chains.    At  Fish 
cXted*  Ca'"      creek  an  embankment  is  required  to  contain  5,364 
cubic  yards,  which,  as  it  is  low,  and  there  is  sufficient 
deep  cutting  at  both  ends  to  supply  the  materials  for 
making  it,  is  estimated  at  15  cents,  S04 
At  Clark's  book  another  embankment  is  necessary,  to 

contain  10,814  cubic  yards,  at  20  cents,  $2,<W 
There  are  three  places  on  this  map  of  steep  side-lying 
ground,  of  which  the  whole  length  is  near  a  mile, 
and  will  require  an  extra  expense  of  $4,00( 
Several  other  small  difficulties  are  estimated  at  3,0dC 
2  culvert?  20( 
Z  bridges  901 


CANAL  LAWS,  fcc. 


309 


Grubbing  and  clearing  G  miles  and  73  chains  $0,937  1817. 


  '    v  ■ 

First  section. 

Aggregate  of  extras  on  this  map  $18,001 
Map  No.  6  includes  6  miles  and  68  chain?.    At  the  Map  No.  6, 

west  end  of  this  map  Otter  creek  crosses  the  line  of  ctSSST 
the  canal  in  a  valley  51  feet  below  the  level.  To 
pass  this  valley  an  embankment  is  required  of  48,024 
.  cubic  yard?.  This  may  be  made  from  the  deep  cut- 
tings on  both  sides  of  the  valley  ;  but  as  part  of  the 
earth  must  be  brought  some  distance,  it  would  not 
be  safe  to  estimate  the  expense  of  raising  this  em- 
bankment at  less  than  25  cents  $12,006 
This  creek  requires  a  culvert,  with  walls  180  feet  long, 
which  would  consume,  if  properly  constructed,  502 
perches  of  stone.  These  stone  must  be  transported 
more  than  two  miles,  and  may  be  estimated,  when 
laid  into  the  walls,  at  $2  50  per  perch,  -  1,255 

From  L  east,  for  a  mile  and  a  quarter,  the  extra  ex- 
pense amounts  to  2,500 
Near  G  must  be  laid  out,  in  deep  cutting,  embankment 

and  removing  sand  stone,  2,200 
The  culvert  at  the  west  branch  of  Sandy  creek  200 
5  small  culverts  500 
2  bridges  600 
Grubbing  and  clearing  6  miles  and  68  chains,  6,S50 


Aggregate  of  extras  on  this  map  $26,11 1 

Map  No.  7  includes  7  miles  and  5S  chains.    About  a  Map  No  7 

mile  south  of  the  west  end  of  this  map  lies  Jeiler-  Expenses,  &o, 

son  lake,  which  is  very  deep,  and  covers  50  acres  ( 

of  land.  From  Genesee  river,  west,  the  same  level 
i    coutinues  more  than  60  miles.  To  prevent  a  current 

either  from  this  river,  at  one  end,  or  the  waters  of 

Lake  Erie,  at  the  other  end  of  so  long  a  level,  and 

to  supply  all  the  waste  of  evaporation  and  soak- 
i   age,  it  is  desirable  that  a  feeder  be  introduced  as 

near  the  middle  of  it  as  practicable.  The  outlet  of 
1  Jefferson  lake  might  be  converted  into  such  a  feed- 
[  er^  without  expense,  and  would  amply  supply  the 
'  nec.essarv  water. 


210 


CANAL  LAWS,  &c. 


1817.    At  A,  will  be  required  a  small  piece  of  deep  cutting. 
v~v    ~*     and  between  U.  and  T,  a  much  larger  one;  this 

r  irst  tactions,     ,  .  0  7 

last  extends  26  chains,  but  lies  through  a  black  ash 

swamp,  with  a  clay  bottom,  and  a  hill  of  gravel. 
The  average  depth  of  cutting  will  be  small,  and  the 
quantity  of  earth  to  be  removed  here,  and  at  A,  will 
in  the  aggregate,  be  22,739  cubic  yards,  at  20  cents,  $4,548 
East  of  S,  is  a  hill  to  cut  through,  requiring  the  removal 
of  12,653  cubic  yards,  more  difficult  than  the  last, 
at  24  cents,  3,036 
At  Sandy  creek,  the  highest  embankment  that  occurs 
in  the  whole  route,  will  be  necessary.    From  the  bed 
of  the  creek  to  the  top  water  line  of  the  canal,  is  70 
feet ;  but  this  embankment  will  be  short,  and  at  the  west 
end  of  it  lies  a  hill  of  gravelly  clay,  as  convenient  as 
possible  to  furnish  the  necessary  earth.    The  num- 
ber of  cubic  yards  required  to  raise  this  embankment, 
is  73,222,  which  added  to  5,525,  the  number  neces- 
sary to  pass  the  canal  over  a  valley  west  of  the  hill 
above  mentioned,  make  an  aggregate  of  78,747,  es- 
timated at  18  cents,  14,174 
Here  are  large  quantities  of  excellent  stone  to  construct 
the  culvert  necessary  for  the  passage  of  the  creek. 
The  width  of  so  high  an  embankment  is  inevitably 
great,  at  the  bottom,  requiring  for  a  culvert,  a  pro^ 
portionate  length  of  wall.    These  walls  here  must  be 
240  feet  long.     To  complete  them  would  consume 
758  perches  of  stone,  of  which  the  expense,  when 
laid  in  the  wall,  is  estimated  at  $1  37  1-2  per  perch, 
in  all 

At  R  is  required  M00 
4  bridges,  1»200 
4  small  culverts,  400 
Grubbing  7  miles  and  58  chains,  7,725 

Aggregate  of  extras  on  this  map,  §33,125 
Map  No.  8.  Map  No.  8  includes  6  miles  and  18  chains.  Several 
Expense*,  &c.     gmajj  cuttingS  and  embankments  upon  it,  are 

estimated,  in  the  aggregate^  at  $6,000 
At  D,  a  hill  must  be  cut  through,  requiring  the  removal 

of  17,512  cubic  yards,  at  25  cents.  4,378 

3  bridges.  M( 


CANAL  LAWS.  Sec 


211 


5  culverts, 

Grubbing  5  miles  and  30  chains. 

Aggregate  of  extras  on  this  map, 
Map  No.  9  includes  6  miles  and  42  chains. 
At  Y,  an  excavation  of  21,84G 
AtR,  10,730 
At  A,  5,394 


500  1817. 


*5,375  v 


First  sectioin 


$17,153 


Map  No.  9V 
expenses,  &c. 


In  all,  37,970  cubic  yards  is  necessary. 

At  the  first  place,  the  greatest  depth  of  excavation  is  15 
feet;  at  the  other  places,  10  feet.  These  excava- 
tions are  estimated  at  30  cents  per  yard,  $1 1,391 

At  Salmon  creek  the  embankment  of  9,216 

At  O,  5,853 

At  Camp  brook,  12,S77cubicyaru- 
is  necessary. 

They  are  estimated  at  25  cents  per  yard,  §7,000 
Other  small  embankments  and  excavations  on  this  map 

are  estimated  at  2,400 
The  culvert  at  Salmon  creek,  480 
Another  at  Camp  brook,  400 
2  small  culverts,  200 
6  bridges,  1,800 
5  miles  and  40  chains  of  grubbing  and  clearing,  5,500 


Aggregate  of  extras  on  this  map, 

Map  No.  10  includes  6  miles  and  24  1-2  chains.  At 

L,  the  surface  of  the  earth  rises  18  feet  above  the 
bottom  of  the  canal,  and  will  require  the  excavation 

of  7,589  cubic  yards.    This  earth  is  easy  to  move, 

at  30  cents, 

Several  small  places  of  uneven  ground,  from  K  to  F, 
are  all  estimated  at 

Rush  brook  runs  through  a  valley  26  feet  too  low,  and 
more  than  two  chains  wide.  Here  must  be  an  em- 
bankment of  6,000  cubic  yards,  at  20  cents, 

Stone  are  not  to  be  found  near  this  place,  and  a  culvert 
of  suitable  size,  will  cost 

For  steep  side-lying  ground  near  the  east  end  of  this 
map, 

3  culverts. 


$29,171 


Map  No.  10, 

exnenscs,  &c. 


#2,276 


4,000 


1,200 

480 

1,509 
300 


CANAL  LAWS,  &c. 


1817.  2  bridges,  #600 
<^*v-W  Grubbing  and  clearing  6  miles  and  24  chains,  6,300 

First  section.  ,  

Aggregate  of  extra's  on  this  map,  $  16,656 

MaPNo.li,M     jy0>  n    inciU(]es  4  miles  and  49  chains,  west  of 

expenses,  &c,  r 

the  Genesee  river,  and  1  mile  and  55  chains  more 
easterly,  inclusive  of  the  river,  in  all,  6  miles  and  24 
chains.  Between  K  and  I,  an  embankment  is  neces- 
sary to  be  6  feet  high  for  near  1000  feet  in  length. — 
It  must  contain  6222  yards,  at  20  cents,  1,244 
At  G,  on  the  north  side  of  Fort  Brook,  the  line  of  the 
canal  is  crossed  by  a  ridge,  on  which  a  lateral  cut 
may  easily  be  made  to  carry  navigation  within  half  a 


Note. — The  route  of  the  canal  south  of  the  mountain  ridge;  will  here  in- 
tersect the  route  north  of  that  ridge.  The  distance  from  Buffalo  to  the  point, 
eleven  miles  up  the  Tonnewanta  creek,  is  27  miles, 

From  that  point,  to  the  Genesee  river,  on  the  north  route,  72  10  1-2  chains. 


The  whole  distance  in  that  direction  is  99  m.  10  1-2  chs. 

The  distance  in  the  direction  south  of  the  ridge,  is  supposed  to  be 
92  miles.    The  whole  expense  from  Buffalo  to  the  point,  eleven 
miles  up  the  Tonnewanta,  including  a  proportionate  part  of  the 
allowance  for  grubbing-,  superintendence,  &e.  as  estimated  on 
Mr.  Peacock's  section,  is  $205,877 
The  whole  expense,  from  that  point  to  the  Genesee  river,  as  esti- 
mated on  Mr.  Geddes'  section,  is  as  follows  :  whole  expense  of 
excavation,  for  6  miles  and  42  chains,  401,271 
Total  amount  of  extras,  thence  to  Genesee  R,  224,378 
Expense  of  each  mile,  after  all  extras  are  calculated,  for  65  miles 
48  1-2  chains,  at  $2,250,  (for  which  allowance  see  a  subsequent 
part  of  the  Report,)  147,611 
On  this  sum,  773,860 
Add  for  contingencies,  5  percent.  38,663 
For  superintendence,  draining  and  fencing,  at  the  rate  of  $1,000 

pel  rail    for  72  miles  and  10  1-2  chains,  72,125 


The  total  amoi;  >t  is  $884,048 
Which  added  to  the  expense  from  Tonnewanta  to  Buffalo,  above 

stated,  ,  205,877 

Makes  the  aggn  rate  cost  of  the  canal  from  Buffalo  to  the  Genesee 

river,  on  the  north  route,  $1 ,089,925 

On  the  south  route,  this  cost  is  estimated  at  780,000 
Leaving  a  balance  of  expense  in  favor  of  the  south  route,  by  these 

«!^?mates,  of  309,92a 


[I 


CANAL  LAWS,  fee.  J  J  s 

mile  of  the  h;  rbor  at  tho  mouth  of  Genesee  river. —  IM7. 
Fort  hrook  ru  is  in  a  ravine  which  will  require  an  em-  ^^v^^ 
bankment  of  jOOO  yards,  and  which,  including  the  VihkmtSm, 
necessary  cuh  ert,  and  the  deep  cutting  at  G,  are  es- 
timated at  1 ,000 
|Vom  this '       -  to  the  Genesee  river,  the  surface  of  the 
mum!  ;-  uneven,  and  may  require  an  extra  expense 
of  $1,200 
It  is  proposed  to  pass  the  Genesee  river,  by  a  dam 
ten  feet  high,  with  a  bridge  som°  distance  above  it, 
for  a  towing  path. — The  place  of  passing  is  a  few 
chains  south  of  the  village  of  Rochester.    The  width 
of  the  river  here,  when  low,  is  near  130  yards;  when 
raised  by  the  dam,  it  will  spread  over  the  west  bank 
to  a  width  of  more  than  400  yards.    The  current  is 
rapid  and  shallow,  in  consequence  of  a  considerable 
•  declivity  in  its  rocky  bottom.    Half  a  mile  below 
this  place,  the  Messrs.  Browns  hav  e  built  a  dam  across 
the  river,  eighteen  inches  high,  and  secured  it  im- 
moveably  to  the.  rock  below,  by  large  iron  bolts,  for 
less  than  one  dollar  per  foot,  in  length.    Guided  b\ 
this  experience,  it  is  calculated  that  a  dam  of  the  ne- 
cessary strength,  440  yards  long,  may  be  built  here 
for  8,150 
Such  a  dam,  10  feet  high,  would  set  the  water  back  three 
miles,  and  while  it  would  drown  but  little  land,  would 
render  the  river  navigable,  with  boats,  for  rro:  e  than 
30  miles  above.     The  top  of  it  would  serve  as  a 
waste  wier  or  tumbling  bay  to  discharge  the  floods 
of  the  river,  for  which  purpose,  as  well  as  for  retard- 
ing the  current,  so  much  as  to  give  safety  to  the 
boats  towed  across  the  river,  its  great  length  would 
be  an  eminent  advantage.    The  bridge  for  a  towing- 
path  should  be  permanent,  not  floating,  like  the  one 
over  Concord  river  on  the  Middlesex  canal ;  but  it 
might  be  light,  and  with  so  good  a  foundation  to  build 
♦On,  notwithstanding  the  necessity  of  security  against 
the  current  and  flood-wood  of  the  spring  freshets,  it 
is  estimated  at  10,00<> 
On  each  side  of  the  Genesee  river,  a  lock  of  three  feet 
lift  must  be  placed,  to  prevent  the  floods  from  extend- 


214 


CANAL  LAWS,  Sec. 


1817.        ing  themselves  into  the  canal  east  and  west,  in  such 

irpC    '     a  maliner  as  to  endanger  its  banks  and  fill  it  with 
r  irst  section.  ^ 

sediment.    Ihese  locks  are  estimated  at  $12,000 
From  the  east  bank  of  this  river,  there  must  be  deep 
excavation  for  the  distance  of  seventy  chains.    It  lies 
through  a  black  ash  swamp,  of  which  the  upper  sur- 
face is  a  black  soil,  resting  on  clay.     For  a  small 
part  of  the  distance,  the  excavation  must  be  ten  feet 
deep,  for  the  rest  less.    The  number  of  cubic  yards 
to  be  moved  here  is  47,055,  estimated  at  17  cents,  8,O0C 
abridges,  90C 
4  culverts,  40( 
Grubbing  and  clearing  6  miles  and  24  chains,  6,30( 

Aggregate  of  extras  on  this  map,  $49,794 

Wpenseg,°&cf '  ^aP  No.  12,  includes  seven  miles  and  25  chains.  Near 
the  west  end  of  this  map,  after  continuing  upon  one 
level  for  almost  seventy  miles,  the  line  of  the  canal 
falls  49  feet.    Here  six  locks  will  be  necessary,  es- 
timated at  $60,00( 
Between  these  locks  and  C,  are  several  places  of  deep 
cutting,  in  all  of  which,  45,600  cubic  yards  of  earth 
must  be  removed.    This  earth  is  sand  and  loam,  at 
20  cents,  9,12( 
Stone's  creek  requires  a  culvert,  estimated  at  32( 
Between  B  and  A,  are  extras  requiring  1,53( 
At  Nye's  creek  an  embankment,  1,32< 
And  a  large  culvert,  38( 
From  this  creek  to  the  end  of  the  map,  there  are  five 

small  places  of  deep  cutting,  estimated  in  all  at  2,22i 
4  bridges,  l,20(i. 
7  culverts,  70< 
Grubbing  and  clearing  6  miles,  0,001 

Aggregate  of  extra's  on  this  map,  $82,79! 
Map  No.  13.  Map  No.  1 3,  includes  6  miles  and  511-2  chains.  There 
^xpen.ea,   c.    are  two  sma]}  r'n]ges  at  T  and  R,  which  will  require 

the  excavation  of  5000  cubic  yards,  at  20  cents,  $1,00» 
\t  A,  an  excavation  is  necessary  157  yards  long  at  the 
bottom,  and  20  feet  deep,  from  its  summit.  The 
number  of  cubic  yards  to  be  moved  is  13,000,  at  30 
cents,  3r90<! 


CANAL  LAWS,  fee*  2lfl 

The  next  place  of  difficulty  is  the  Irondequot  valle\ ,  1817. 
where  an  embankment  is  required  to  be  20  chains  v*^v^^^ 
long  on  the  top,  and  from  the  lowest  part  of  the  valley  Fint  section- 

65  feet  high.  On  the  east  side  of  this  valley  rises  a 
steep  hill,  consisting  of  sand  and  loam  50  feet  above 
the  level  of  the  canal.  This  hill  will  furnish,  in  the 
most  convenient  situation  all  the  earth  required  for 
the  embankment ;  and  to  remove  this  earth,  tempo- 
rary wood  rail-ways  might  be  used  with  great 
advantage.  To  make  this  embankment  34  feet  wide 
at  the  top,  and  229  at  the  bottom,  it  would  consume 
147,000  cubic  yards,  which,  considering  the  facili- 
ties above  mentioned,  are  estimated  at  20  cents,  $29,400 

At  the  base  of  this  embankment  must  be  made  a  water- 
way with  walls  of  stone.  If  wing-walls  be  made  15 
feet  high,  at  the  ends  of  this  water-w  ay,  its  length 
will  not  exceed  184  feet.  Calculate  3  walls  of  that 
length  each,  3  feet  thick  and  10  feet  high,  and  their 
solid  contents  will  be  129  cords.  To  this  add,  for 
wing-walls,  and  to  cover  the  water-way,  71  cords,  and 
for  waste  at  the  rate  of  25  per  cent.  50  cords  more> 
and  the  whole  quantity  of  stone  required  will  be  250 
cords.  This  may  be  delivered  on  the  spot  for  .$5 
per  cord,  1,250 

Laying  it  into  the  wall  at  87  1-2  cents  per  perch,  1,144 

A  little  east  of  O,  must  be  a  small  embankment,  to  sup- 
port which,  and  the  natural  ridge  on  which  the  ca- 
nal runs  for  3  and  an  half  chains  eastward,  stone 
walls,  12  feet  high,  will  be  necessary  on  both  sides,  687 

The  hill  west  of  N,  is  a  high  pile  of  sand,  of  which  it 
will  be  necessary  to  move  12,600  cubic  yards,  at 
12  1-2  cents,  1,383 

The  expense  of  several  small  embankments  and  deep 
cuttings,  from  M  to  the  east  end  of  this  map,  is  esti- 
mated at  9,5 2  "i 
7  culverts,  700 
3  bridges,  900 
Grubbing  and  clearing  3  miles  and  40  chains,  3,500 


Vggregate  of  extras  on  this  map. 


$53,389 


CANAL  LAWS,  fee. 


1817.  Map  No.  14  includes  6  miles  and  26  chains.  This 
v^^v^W  map  presents  a  deep  cutting  3  miles  long,  running 
Fitst  section.     through  a  black  ash  swamp,  of  which  the  upper  sur- 

Map  No.  14.  ,  .  .        "  ,        4      ,  m. 

Expenses,  &c.     face  is  light  muck  resting  upon  a  hard  clay.  The 
depth  of  excavation  will,  in  no  place,  exceed  4  feet ; 
and  it  is  thought  that  the  extra  expense  required 
here  will  not  be  more  than  equal  to  the  removing 
from  the  bottom  of  the  canal  2  and  an  half  feet  in 
depth,  of  this  excavation.    Let  this  bottom  be  IS 
feet  wide,  and  with  the  requisite  slope  of  the  banks, 
there  must  be  removed,  in  this  distance,  31,827  cu- 
bic yards,  estimated  at  38  cents,  .$8,911 
For  other  small  expenses  on  this  map,  960 
Two  bridges,  600 
Grubbing  6  miles  and  26  chains,  6,325 

Aggregate  of  extras  on  this  map,  .$16,796 
g  Map  No.  ^15.  Map  No,  15,  includes  6  miles  and  65  chains.  Near  the 
west  end  of  this  map  a  feeder  may  be  introduced  into 
the  canal  from  Mud  creek.  And  if  this  feeder 
should  ever  prove  deficient,  a  correct  examination 
has  ascertained  that  this  deficiency  may  be  amply 
supplied  by  one  from  the  outlet  of  Canandaigua 
lake,  introduced  at  the  same  place.  The  feeder  from 
Mud  creek  must  be  43  chains  long,  and  if  it  is  20 
feet  wide  and  3  feet  deep,  it  will  require  the  excava- 
tion of  6,307  cubic  yards,  at  12  1-2  cents,  $7® 

Several  small  excavations  and  embankments  are  esti- 
mated, in  the  aggregate,  at  5,14C 

At  Red  creek,  for  culverts,  60( 

\  feeder  from  the  same  creek,  a  mile  long,  and  exca- 
vated 3  feet  wide,  and  3  feet  deep,  is  estimated  at  50( 

On  this  map  are  4  locks,  by  which  the  line  of  the  canal 

falls  33  feet— expense  of  these  locks,  40,00( 

One  culvert, 

Four  bridges,  1>20C 
Grubbing  2  miles  and  40  chains,  2,50( 

Aggregate  of  extras  on  this  map,  $51,S2f 
N;J-  ^  Map  no  16  includes  8  miles  and  32  chains.    At  four 
little  streams  between  the  west  end  of  this  map,  and 
the  lock  east  of  B,  small  embankments  will  be  neces- 


CANAL  LAWS,  he. 


217 


irst  tection. 


sary,  which,  with  steep  side-lying  ground,  and  deep  1817. 
cutting,  in  the  same  distance,  are  estimated  at  ,<-,000 
This  lock  will  have  a  lift  of  9  feet,  estimated  at  10,000 
Adjoining  the  lock  east,  deep  cutting,  1,200 
At  the  end  of  this  deep  cutting,  a  feeder  may  be  conve- 
niently introduced,  from  Sherman's  mill-pond  in  Mud 
creek.    This  feeder  must  be  20  chains  long  ;  and  if 
it  be  calculated  4  feet  in  width,  and  the  same  in 
depth,  it  will  require  the  excavation  of  782  cubic 
yards  of  earth,  at  15  cents,  117 
For  a  small  embankment  at  Clark's  creek,  100 
A  mile  east  of  this  brook  commences  a  piece  of  deep 
cutting,  36  chains  long,  very  favorably  situated  for 
disposing  of  the  excavated  earth.   The  depth  of  ex- 
cavation no  where  exceeds  7  1-2  feet,  and  the  num- 
ber of  cubic  yards  to  be  removed  is  19,100,  at  12  1-2 
cents,  2,3S7 
Other  uneven  places  to  the  east  end  of  the  map,  1,580 
Four  bridges,  1,200 
Ten  culverts,  1,000 
Grubbing  and  clearing  60  chains,  750 


Aggregate  of  extras  on  this  map,  .$20,334 

Map  No.  17  includes  10  miles  and  51  1-2  chains.    At  Map  No.  K, 

r  t  Expenses,  me. 

the  west  end  of  this  map  must  be  a  lock  of  9  feet  lift, 
estimated  at  $10,000 

All  the  small  inequalities  of  surface  between  the  lock 
and  the  hill  west  of  H,  are  estimated  at  J.  1 74 

At  Battey's  brook,  which  is  a  permanent  stream,  a 
feeder  may  be  brought  into  the  canal  by  a  cut  27 
chains  long.    If  this  feeder  is  6  feet  wide,  and  4  feet 
deep,  it  will  require  the  excavation  of  1,584  cubic 
yards,  at  15  cents,  23S 

The  hill  west  of  H,  and  the  one  west  of  I,  are  composed  of 
sand,  and  lie  on  the  margin  of  Mud  creek.  To  pass 
through  them,  the  excavation  of  24,750  cubic  yard- 
is  necessary,  at  15  cents,  3,700 

To  secure  a  passage  for  the  creek  here,  add  600 

East  of  IIP  is  a  shallow  embankment  required  of  1 7 
chains  in  length.  The  number  of  cubic  yards  to  be 
moved,  6,540.  at  20  cents,  1,308 

To  obviate  the  difficulty  presented  by  side-lying  grtfbnd 

28 


219 


CANAL  LAWS,  &c. 


First  section. 


1817.       between  this  embankment  and  K,  is  allowed  551,000 
West  of  K,  a  piece  of  excavation  is  necessary,  of  which 
the  greatest  depth  is  16  feet.    The  earth  here  con- 
sists of  sand  and  a  yellow  slate  gravel,  and  there  are 
26,410  cubic  yards  of  it  to  remove,  estimated  at  25 


cents,  6,602 

At  A,  another  lock  is  wanted,  of  five  feet  lift,  estima- 
ted at  7,000 

Adjoining  this  lock  on  the  east,  an  embankment  of  5,330 

cubic  yards  is  required,  at  18  cents,  960 

Near  the  east  end  of  this  map  occurs  a  place  of  deep 
cutting,  52  chains  in  length,  through  a  swamp,  which 
no  where  rises  more  than  three  feet  above  the  surface 
of  the  water  in  the  canal.  It  will  require  the  exca- 
vation of  12,520  cubic  yards,  at  15  cents,  1,878 

5  culverts,  500 

5  bridges,  1,500 

6  miles  of  grubbing  and  clearing,  6,000 


Aggregate  of  extras  on  this  map,  $43,460 
MapNo.t  8,^aP  No.  18,  includes  7  miles  and  20  chains.  Near 
expenses,  &c.     tne  west  enj  0f  tnjs  map?  a  \oc^  0f  9  feet  lift  is  ne- 
cessary, estimated  at  $10,000- 

At  the  distance  of  two  and  an  half  miles  further  east, 

must  be  placed  another  lock  of  six  feet  lift,  7,000 

Small  embankments  and  excavations  from  the  west  end 

of  the  map  to  the  last  lock  above  mentioned,  3,700 

Adjoining  the  lock  on  the  east,  an  embankment  over  a 
small  brook,  to  contain  6,800  cubic  yards  is  requi- 
red, at  18  cents,  1,224 

Between  this  embankment  and  P,  for  little  inequalities 

of  surface,  in  the  aggregate,  2,000 

At  P,  an  embankment  over  a  black  ash  swamp,  630 

From  the  east  lock  above  mentioned  to  the  end  of  this 
map,  a  distance  of  near  four  miles,  some  provision 
must  be  made  against  the  highest  floods  of  the  Ca- 
nandaigua  outlet,  w  ith  w  hich  Mud  creek  intersects  at 
the  village  of  Lyons.    This  provision  is  intended  to 

JVcfe. — The  word  p^rch-.  in  thif»  report,  naiformlv  stands  for  2-1  solid  feet  and  ifventj- 
ftve  tnradrf  hh« 


CANAL  LAWS,  fee. 


be  made,  by  giving  to  the  south  bank  of  the  canal, 
an  additional  elevation  of  two  feet,  which  will  re- 
quire a  proportionate  increase  of  its  width  at  the 
base.  This  enlargement  of  the  south  bank,  will  re- 
quire for  every  yard  run  of  its  continuance,  an  extra 
embankment  of  9  cubic  yards,  amounting  in  four 
miles,  at  1 5  cents  per  cubic  yard,  to 

8  culverts, 

2  bridges, 

Grubbing  and  clearing  six  miles, 


Aggregate  of  extras  on  this  map,  $41,458 

Map  No.  19,  includes  6  miles  and  GO  chains.     From  Map  No.  19, 

1  (  '  expenses,  fcc. 

the  east  end  of  it  to  the  east  side  of  the  Seneca  river, 

where  the  section  of  Mr.  Geddes  terminates,  is  two 

miles  and  six  chains,  which  are  not  laid  down  on 

a  map,  because  they  pass  over  a  level  marsh,  where 

there  is  no  difficulty  in  choosing  the  route.  The 

first  3  miles  and  76  chains  of  this  map  run  on  a  side 

hill  of  a  gentle  slope,  presenting  few  difficulties. — 

For  this  distance,  the  whole  expense  of  excavating 

the  canal,  and  forming  its  banks,  may  be  estimated 

at  $5,500  per  mile,  in  all,  21,725 
At  the  end  of  this  side-hill,  commences  the  Cayuga 

marsh,  over  which  the  canal  is  to  be  conducted,  for 

4  miles  and  60  chains.    When  the  waters  of  Seneca 

river  are  low,  the  surface  of  this  marsh  is  about  3 

feet  above  them ;  when  they  are  highest,  in  the 

spring  floods,  it  is  near  two  feet  below  them.  At 

the  west  end  of  the  marsh  the  level  of  the  canal  is  9 

feet  higher  than  the  surface  of  Seneca  river,  in  low 

water.     To  secure  a  convenient  passage  over  this 

marsh  at  all  times,  it  is  proposed  to  place  a  lock  of 

4  1-2  feet  lift  at  its  west  end,  estimated  at  G,000 
From  this  lock  eastward,  there  must  be  an  embankment 

sufficient  to  preserve  the  water  in  the  canal,  18  inches 

above  the  general  level  of  the  marsh.  An  excava- 
tion 40  feet  wide,  and  2  1-2  feet  deep,  would  fur- 
nish earth  enough  for  these  banks,  calculating  them 

to  be  raised  two  feet  above  the  top  water-line  of  the 

canal,  in  order  to  guard  against  floods.     But  the 


1817. 


First  section. 


$9,504 
800 
600 
6,000 


CANAL  LAWS,  &jc. 


1817. 


First  section. 


spongy  nature  of  this  earth,  renders  it  indispensable, 
that  in  both  banks  great  precaution  should  be  used 
to  prevent  leakage.  At  the  Montezuma  salt  works, 
a  canal  has  been  dug  through  a  part  of  this  same 
marsh  ;  which  was  there  found  to  rest  upon  a  bed  of 
dark  blue  clay.  Let  a  partition  of  pile  plank,  then, 
extending  the  whole  length  of  the  marsh,  be  driven 
through  each  of  the  banks.  If  these  plank  are  seven 
feet  long,  and  driven  into  the  earth  two  feet  nine 
inches  below  the  bottom  of  the  canal,  they  will  stand 
three  inches  above  the  upper  surface  of  the  water, 
within  the  banks.  And  this,  it  is  presumed,  would 
constitute  an  adequate  precaution  against  leakage. 
Constructed  in  this  way,  the  expense  of  one  chain  in 
length,  of  both  banks,  is  estimated  as  follows  : — For 
removing  200  cubic  yards  of  earth,  at  20  cents, 
024  feet  of  2  inch  pine  plank,  jointed,  grooved  and 
driven, 

Gravelling  towing  path,  (whic"h  might  be  done  by  boats 
after  the  water  is  let  into  the  canal,) 


$40 
32 
8 


Whole  expense  per  chain, 

Amounting  in  4  miles  and  60  chains,  to 

At  the  east  end  of  the  marsh  must  be  placed  another 
lock,  of  4  1-2  feet  lift,  to  let  the  boats  which  may 
navigate  the  canal,  fall  down  to  the  level  of  Seneca 
river,  when  its  waters  are  lowest ;  estimated  at 

In  high  water  the  gates  of  this  lock  would  stand  open, 
offering  no  delay.  A  bridge  10  chains  long,  across 
the  Seneca  river,  is  all  that  remains  to  connect  this 
section  with  that  which  includes  the  route  between 
this  river  and  Rome.  For  all  the  purposes  of  a  tow- 
ing path,  this  bridge  may  be  built  as  follows  :  At 
intervals  of  16  1-2  feet  across  the  river,  drive  down 
a  pair  of  large  oak  piles  ;  connect  each  pair  of  these 
piles  by  framing  on  their  top  a  piece  of  timber  10  feet 
long;  stretch  across  these  pieces  of  timber,  from  one 
pair  of  piles  to  another,  4  string  pieces  12  inches  by  4, 
and  cover  them  with  a  flooring  of  2  inch  oak  plank. 
The  expense  of  such  a  bridge  would  be — For  each 
pair  ef  piles  delivered  on  thespot»  $1 


$  80 
30,400 


6,000 


<  ANAL  LAWS)  vv 


22! 


First  section. 


Driving  them,  £2  1817. 

Timber  connecting  each  pair  of  piles  and  framed 
on,  1 
4  string  pieces  at  66  cents,  2  64 

165  feet  2  inch  plank  for  a  floor,  3  36 

Add  for  a  suitable  railing,  1  50  * 

Aggregate  of  every  16  1-2  feet,  $11  50 

And  the  whole  expense  of  the  bridge  is  460 

Aggregate  of  estimates  on  this  map,  $64,585 
It  cannot  fail  to  be  remarked,  from  the  foregoing  details,  that 
the  sources,  on  which  reliance  is  placed,  for  feeding  the  canal  on 
this  section,  are  permanent  and  most  abundant ;  and  that  the 
country  over  which  it  runs,  exhibits  a  singular  regularity  of  sur- 
face. Tiie  route  of  the  canal,  as  explored,  pursues  one  level  for 
69  miles  and  51  1-2  chains,  and  another  for  20  miles  and  40 
chains.  So  uniformly  is  the  declivity  to  the  north,  that  from 
the  foot  of  the  mountain  ridge,  to  the  entrance  of  Mud  creek 
valley,  a  distance  of  more  than  90  miles,  no  stream  crosses  the 
canal,  except  in  that  direction,  and  there  is  not  a  single  mile  in 
which  the  north  bank  of  the  canal  will  not  be  the  lowest. 


Recapitulation  of  Distances  and  Expenses  on  this  Sec-  Rccapitula- 

TION.  ti0n- 
Whole  Estimate 

$401,271  J?*™ 

1,550,985  dol- 
lars. 


No.  of  Ma  p.  Miles 

and  Chains. 

Extra  Expense. 

1  includes 

6 

42 

2 

7 

34 

.$39,137 

3 

6 

11 

12,824 

4 

6 

71 

28,156 

5 

6 

7:3 

18,001 

6 

6 

68 

26,111 

i 

7 

58 

33,125 

'  8 

6 

IS 

17,153 

9 

6 

42 

29,171 

10 

6 

24  1-2 

16,656 

i  1 

(i 

24 

49,791 

12 

7 

25 

82,799 

1.3 

6 

51  1-2 

53,369 

14 

6 

26 

16,79r, 

15 

6 

65 

51,829 

16 

B 

32 

20,334 

222 


CANAL  LAWS,  kc. 


1317.  No.  of  Map.         Miles  and  Chains.  Extra  Expense.   Whole  Estim&le. 


10 

51* 

$43,460 

First  section.                 J  3 

7 

20 

41,458 

19 

8 

66 

#64,585 

Whole  distance, 

136 

021 

$580,193 

From  dist.  deduct  15       28  for  1st  and  19th  maps. 


Total  amount  of  extras  as  above,  $580,193 
Add  to  extras  for  120       54J  being  at  the  rate  of)     »9^.  r£. 

$2,250  per  mile,  after  all  extras  are  calculated,  \    ®  - 
On  this  section,  which  is  in  general  very  free  from  po- 
rous earth,  there  are,  including  embankments  8J- 
miles,  in  parts  of  which,  puddling  may  be  required. 
Little  experience,  in  relation  to  the  expense  of  this 
operation,  has  been  afforded  in  this  country ;  but  it 
is  presumed,  from  that  little,  that  the  whole  expense 
of  puddling  in  these  8|  miles,  will  not  exceed  $30,000 
Total  of  the  foregoing  items  is  $1,347,581 
Add  for  contingencies,  5  per  cent.  67,379 
Add  also  for  engineers,  superintendence,  fencing  and 

draining,  at  the  rate  of  1,000  dollars  per  mile,  136,025 

The  entire  expense  of  this  section  is  $1,550,985 

The  estimate  of  2,250  dollars  per  mile  above  adopted  for  ex- 
cavation, after  all  the  extras  have  been  calculated,  is  founded 

7    ,  7 

upon  a  consideration  of  the  number  of  cubic  yards  to  be  excava- 
ted in  a  variety  of  different  slopes,  and  in  level  land.  A  base  of 
40  feet  giving  a  perpendicular  of  228  feet,  it  is  believed  comes 
nearer  than  any  other,  to  indicating  the  general  slope  of  this  sec- 
tion. In  land  lying  on  this  slope,  the  average  dimensions  of  the 
canal,  would  require  an  excavation,  of  which  a  cross  section 
would  contain  74.17  superficial  feet ;  and  a  similar  section  of 
the  banks  would  contain  62.12  superficial  feet;  and  in  this  case 
the  quantity  of  excavation  necessary,  in  a  mile,  would  be  about 
14.500  cubic  yards.  To  this  quantity  has  been  added  almost  a 
fourth  part,  making  18,000  cubic  yards,  which,  estimated  at 
12  1-2  cents,  an  ample  price  considering  that  all  the  rough  places 
are  previously  made  smooth,  and  the  whole  line  reduced  to  the 
minimum  depth  of  cutting,  amount  to  2,250  dollars. 

The  Seneca  river,  at  low  water,  is  194  feet  lower  than  Lake 
Erie ;  and  to  provide  for  this  descent,  25  locks,  besides  the  two 


CANAL  LAWS,  fed. 


223 


ratrd  locks  at  Genesee  river,  are  located  on  the  canal  line.  The  1817. 

lift  of  some  of  these  locks  is  small,  owing  to  the  unusual  even-  s— -y  ' 

ness  of  the  country.  At  places  w  here  there  are  embankments Mlddk  184  !  • 
and  deep  cuttings,  of  which  the  dimensions  are  not  particularly 
stated,  the  calculations  have  been  such  as  to  give  a  width  of  wa- 
ter, in  the  surface  of  the  canal,  never  less  than  27  feet.  From 
the  end  of  this  section,  eastward,  to  Rome,  there  is  a  rise,  in  the 
line  of  the  canal,  of  48  1-2  feet;  thence  the  line  descends  to 
the  Hudson. 

The  middle  section  of  the  canal  extends  from  Rome  to  th^ddlewctUw 

I   .  ,  m  of  the  Canal. 

Seneca  river,  and  is  about  77  miles  in  length.  It  was  surveyed 
md  laid  out  by  Benjamin  Wright,  Esq.  who  acted  as  the  engi- 
neer. Its  route  is  accurately  delineated  in  the  maps,  profiles 
uld  minutes,  herewith  presented. 

As  a  great  part  of  the  route  of  this  section  lies  through  low 
ands,  where  the  timber  is  very  heavy,  with  large  roots,  the  esti- 
nate  for  grubbing  and  clearing  is  at  the  rate  of  1,500  dollars 
ier  mile.  This  is  supposed  to  be  too  high,  as  machines  have 
een  invented  and  successfully  applied,  for  this  purpose,  which 
ready  facilitate  labor  and  diminish  expense. 

This  section  begins  at  Rome,  at  the  point  marked  A  on  the 
lap,  the  red  line  designating  the  route,  by  courses  and  distances 
cc urately  measured. 
Mile  1st.  May  be  considered  as  excellent  for  a  canal.    It  Mi!elrt,«- 

'  penses. 

?qiures  the  excavation  of  27,000  cubic  yards,  at    12  1-2 
,ents,  $3,375 
'or  grubbing  and  clearing  65  chains,  1,200 

  $4,575 

Mile  2d.  Passes  nearly  the  whole  distance  over  swampy  or  <MiIe  2J  cx. 
>w  grounds,  which  has,  however,  generally  a  hard  gravelly  pense*. 

iv  bottom,  at  1  1-2  or  2  feet  below  the  surface.  Part  of  the 
vamp  is  miry  from  S  to  10  feet  below  the  surface.  The  pro- 
lability  is,  that  owing  to  the  surface  being  so  near  a  level,  no 

tddling  will  be  necessary.    Upon  the  whole,  this  mile  is  good 

r  a  canal,  and  will  not  require  more  than  an  average  of  four 

et  excavation — it  may  be  estimated  thus, 

or  excavation  of  20,000  cubic  yards,  at  20  cts.  .$4,000 

rubbing,  &c.  1,500 

  $5,500 

Mile  3d.  Passes  over  clay  and  gravel  intersected  with  some   Mile  3d,  «j- 
ots  of  low  ground,  where  there  is  one  foot  of  black  mud,  and,ei?e 
der  that,  hard  pravtl  and  clay.    Tn  this  distance,  a  lock  of  6 


224 


CANAL  LAWS,  &c, 


1817.    feet  descent  will  be  necessary.    The  land,  where  this  lock  is  to 

*  v  *  be  located,  will  afford  an  excellent  foundation  for  a  lock,  and 

Middle  section,  tire  ground  descends  so  fast  as  to  make  it  easy  of  excavation, 
and  to  bring  the  level  of  the  lock-chamber,  within  a  few  rods, 
upon  the  surface.     An  aqueduct  will  also  be  necessary  over 
Wood  creek,  of  the  length  of  40  or  50  feet,  which  must  be  made 
of  wood,  or  cast  iron,  laid  upon  stone  piers,  as  there  is  not  suffi- 
cient space  below  for  a  regular  turned  arch  of  masonry  to  admit 
the  waters  to  pass.    An  embankment  of  510  cubic  yards  will  be 
essential.    After  passing  Wood  creek,  the  ground  is  clay  or 
gravel,  and  varies  very  little  from  the  level  to  the  end  of  the 
mile.    The  expense  is  for  excavation  of  21,000  cubic  yards,  at 
12  1-2  cents,  $2,625 
For  grubbing,  &c.  1,500 
embankment  of  510  c.  yards  at  20  cts.  102 
aqueduct  over  Wood  creek,    '  2,500  - 


  $'6,727 

Mile 4th,  ex-    Mile  4th.  Passes  over  clayey  and  gravelly  land,  with  some 
penses.        small  undulations.    There  are  2  spots  below  the  level,  and  a 
ravine  with  a  small  brook  also  below  the  level.    Three  culverts 
may  be  necessary — 2,200  cubic  yards  of  embankment,  and 
4,000  of  extra  excavation,  in  consequence  of  cutting  off  some 
small  points  of  ridges.  ' 
Expense  for  3  culverts,  $300 
For  24,000  cubic  yards  of  excavation,  at  20  c.  3,300 
2,200  do.  embankment,  at  20  cents,  440 
grubbing,  &lc.  1,500 

  $5,54( 

Miie»th,ex-  Mile  5th.  Passes  over  ground  which  is  gravelly,  mixed  witl 
penses.  small  flat  stones,  and  its  surface  is  undulating.  There  are  4  o 
5  places  where  the  land  is  too  low,  and  4  points  of  ridges,  wher 
it  is  from  2  to  6  feet  too  high.  They  are  all  short,  and  may  b 
avoided  by  a  serpentine  course.  The  ridges  consist  of  grave] 
and  the  valleys  of  clay.  The  water  in  Stoney  creek  is  fourtee 
feet  below  the  level,  and  here  must  be  an  embankment  14  chair 
long,  and  9  1-2  feet  high.  Two  culverts  of  7  1-2  feet  diamc 
ter,  will  be  requisite  for  the  passage  of  the  waters  of  tb* 
creek, 


CANAL  LAWS,  &c. 


22  6 


Expense  for  two  culverts,  $2,000  1S17. 

for  embankment  of  5,300  c.  yards  at  20  cents,  1 ,060  v^^v-w 

excavation  at  12 1-2  cents,  3,7;)()  Middle  section, 

grubbing,  &c.  1,500 


$8,310 


Mile  6th,  Passes  over  the  same  kind  of  ground  as  the  last.  Miie6tb,«x 
There  is  an  irregular  summit  between  Stoney  creek  and  a  small  Penscs- 
brook  in  this  mile  ;  and  some  deep  cuttings  are  required  to  gain 
a  good  course.    The  brook  is  8  feet  below  the  level ;  from  it  to 
the  termination  of  the  mile,  the  ground  is  very  near  the  level ; 
and  descends  gently  to  the  north.    Expense  for  embankment 
1,700  cubic  yards,  at  20  cents,  $340 
Fori  culvert,  100 

excavation  of  31,000  c.  yds.  at  15  cents,  4,650 

grubbing,  &c.  1,500 

 $6,590 

Mile  ~th,  Passes  over  a  gravelly  and  sandy  soil,  good  for  a   Mile  7tb,  ex- 
canal.    An  embankment  12  chains  long,  and  averaging  5  feetPe"SeS 
deep  will  be  required.    The  one  half  of  it  may  be  saved  by  a 
diverging  course.    In  the  remainder  of  the  mile  is  a  small 
stream,  which  does  not  require  a  culvert,  and  no  extra  excava- 
tion is  necessary.    Expense  for  embankment  of  9,200  cubic 
yards,  at  20  cents,  $1,840 
For  3  culverts,  300 
excavation  of  20,500  c.  yards,  at  12£  cents  2,562 
Grubbing,  kc.  1,500 

  $  6,202 

Mile  8th,  pasres  over  gravel,  with  some  mixture  of  clay  and  BfileStb 
sand  strata. — There  is  a  ravine  made  by  a  brook  up  which  the  ExPen5e,«  *^ 
line  passes  for  7  or  8  chains.    The  water  in  the  brook,  where  it 
turns  north,  and  leaves  the  line  of  the  canal,  is  5  feet  below  the 
bottom  of  the  canal,  and  may  be  admitted  into  it  Without  injury. 
Expense  for  embankment  of  1,100  cubic  yards,  at  20  cents, 

$220 

For  excavation  of  27,500  c.  yards  at  121  cents,  3,437 
Grubbing,  &c.  1,500 

■  $5,157 

Mile  9th,  is  good  for  a  canal,  although  it  passes  over  swampy 
ground  for  a  considerable  part  of  the  whole  distance.    In  the  Expenaes,  &c. 
swamp  there  is  only  one  foot  of  mud,  and  the  substratum  is  clay, 

29 


326 


CANAL  LAW'S,  Uc, 


1817.    or  clay  and  gravel  mixed.    There  is  a  point  of  a  ridge  near  the 

v  sf—*'  commencement  of  this  mile,  which  is  four  feet  above  the  level ; 

Middle  section.  an  ^  tjjere  jg  one  smajj  streanQj  which  forms  no  regular  bed,  but 
collects  the  waters  of  low  grounds  lying  south  of  the  line.  It 
dries  up  in  summer,  and  may  be  admitted  into  the  canal  without 
injury.  Expense  for  excavation  of  24,100  cubic  yards,  at  12^ 
cents,  $3,012 
For  grubbing,  &c.  1,500 

  $4,512 

Mile  loth.  Mile  Wtk,  in  the  first  part  passes  over  the  swampy  grounds 
Expenses,  &c.  ^efore  menti0ned ;  and  there  are  one  or  two  islets  or  spots  of 
hard  land  in  the  swamp,  over  which  the  line  passes,  which  may 
be  easily  avoided  if  necessary.  This  hard  land  is  stones  mixed 
with  clay.  Drum  creek,  which  is  3.L  feet  below  the  level,  may 
bo  admitted  into  the  canal  without  injury,  as  it  is  a  short  and 
slugglish  stream,  and  of  course  will  not  introduce  much  earth. 
There  are  some  scattering  undulations  of  sand,  but  the  land  is 
generally  clay  and  gravel.   Expense  for  dam  across  Drum  creek, 

$300 

For  excavation  of  21,600  c.  yards  at  12^  rents,  2,700 
Grubbing,  &c.  1,500 

  $4,500 

Mileiitb.  Mile  llth,  passes  over  some  points  of  ridges  from  2  to  4  feet 
Expenses,  fic.  above  tne  ]evel,  which  may  be  avoided  by  a  winding  course. 

Tbey  are  however  narrow,  and  composed  of  gravel  and  loam. 
After  passing  them  the  line  runs  over  excellent  ground  declining' 
gradually  and  uniformly  to  the  north  west.  The  soil  is  loamy 
and  well  adapted  for  a  canal.  The  extra  excavation  will  be  1 1 ,520 
cubic  yards.  Expense  for  excavation  of  37,520  cubic  yards,  at 
12J  cents,  $4,690 
Grubbing,  &c.  1,500 

  $6,190 

E*pelfsefthic  12th9  at  the  beginning  passes  over  a  point  of  land  four 

pe  ses,  c.  above  level,  which  may  be  avoided  by  bending  a  little  to 
the  north  ;  thence  it  proceeds  over  loamy  land  good  for  a  canal, 
and  declines  to  the  north  west.  The  line  here  passes  over  two 
brooks,  which  will  not  require  culverts,  if  it  is  desirable  to  take 
tjiem  into  the  canal.  The  westerly  brook  will  require  some  em- 
bankment. There  is  a  little  ridge  west  of  the  brook,  that  might 
fre  shunned,  but  the  deep  cutting  would  produce  sufficient  earth 
lo  make  the  embankment.    The  general  declivity  of  this  mile  i> 


CANAL  LAWS,  fee.  221 

from  one  to  three  degrees.    Expense  for  excavation  oi  27,000     IS  17. 

c  yards  at  12^  cents,  $3,375  1  v  ' 

For  culvert,  100  Middle  section, 

Grubbing,  he.  1,500 

  #4,575 

Mile  loth,  continues  on  loamy  gravelly  soil  like  the  last,  with  Mile  istb. 
the  desired  level  and  the  favorable  declivity.  At  the  distance  of  ExPenBe?> 
25  or  30  chains  on  the  line,  the  ground  rises  gradually  to  1  1-2  feet 
above  the  level,  and  continues  so  for  ten  chains,  when  it  gradual- 
ly declines  to  the  required  level  and  then  below  it.  There  are 
two  dead  swampy  streams,  where  embankments  will  be  necessa- 
ry, and  where  culverts  will  probably  be  wanted.  A  few  strata 
of  sand  on  this  mile,  and  for  the  last  part  the  ground  is  swampy 
md  very  flat.  The  embankments  will  be  1,800  cubic  yards. 
The  water  stands  on  the  surface  of  the  ground,  which  retains  it. 
Expense  for  embankment  of  1,800  c.  yards  at  20  cents, 

$360 

For  2  culverts,  200 
For  excavation  of21,600c.  yards  at  12  1-2  cents,  2,700 
For  grubbing,  kc.  1,500 

  $4,760 

Mile  14M,  begins  in  swampy  grounds,  the  timber  hemlock,  Mile  I4(f>. 
ind  the  surface  covered  with  moss.  At  15  chains  distance,  there  ExPenaf^ 
s  a  small  brook  requiring  a  culvert  3  1-2  feet  below  the  level, 
md  also  an  embankment  150  feet  long,  of  the  average  height  of 
5  feet.  Alter  passing  the  brook  the  ground  is  1  1-4  foot  too  low 
or  10  or  12  chains  to  another  brook  laying  only  3  1-2  feet  below 
he  level.  Soon  after  leaving  the  last  brook  the  land  rises  to 
hree  feet  above  the  level,  and  lays  in  ridges,  crossing  the  line  at 
ight  angles.  This  elevation  continues  for  14  or  15  chains, 
vhen  the  line  falls  to  the  level,  and  soon  after  too  low  by  13  feet  in 
i  ravine,  where  the  top  length  of  the  required  embankment  will  be 
'  chains  and  80  links.    After  passing  this  ravine,  the  line  may  be 

ontinued  straight,  or  by  making  a  bend  a  part  of  the  embank- 
ment may  be  saved.    The  straight  course  is  to  be  preferred. 
Expense  for  embankment  of  5,170  cubic  yards,  at  20  cents, 

$1,034 

"or  excavation  of 24, 100  cubic  yards,  at  12J  cents  3,012 
or  1  culvert,  100 
Grubbing,  hv.  1,450 

  #5/896 


CANAL  LAWS,  &c. 


■  1S1T.        Mik  15^,  requires,  in  order  to  cross  the  Oneida  creek,  an 
1i— v"—* '  embankment  of  50,600  cubic  yards,,  and  an  aqueduct  of  100  feet 
Middle  section  jn  ]engtn>    After  crossing  the  creek,  the  course  is  straight  and 
Expenses,  &c.  good,  the  ground  being  in  some  places  a  little  too  high.  Near 
the  end  of  this  mile  is  a  place  where  water  runs  most  of  the  year, 
where  a  culvert  will  be  required,  and  an  embankment  of  3  chains 
long,  averaging  3|-  feet  high.    In  this  swampy  ground  the  soil 
is  sandy.    Expense  for  embankment  of  50,600  c.  yards,  at  20 
cents,  $10,120 
For  aqueduct  of  wood  over  Oneida  creek,  5,000 
excavation  of  17,460  c.  yds.  at  12-J  cts.  2,175 
another  embankment  of  1,200  c.  yards,  240 
1  culvert,  100 
grubbing,  &c.  1,075 

  $18,710 

Mite  16th.  Mile  16th,  passes  over  a  very  flat  country,  and  the  soil  is 
Expenses,  &c.  sancjy  l0am  with  some  gravel  on  the  ridges,  interspersed  by 
narrow  glades  of  ash  timbered  land,  which  has  from  1  to  2  feet 
of  black  mud  and  then  hard  clay.  The  general  face  of  the 
country  declines  a  little  to  the  north  west.  1,500  cubic  yards 
of  excavation  will  be  required.  Expense  for  excavation  of 
21,600  cubic  yards  at  15  cents,  $3,240 
For  grubbing,  he,  1,500 

  $4,740 

Mile  17th.  l"7^  passes  over  ground  like  the  last  for  thirty  chains, 

Expenses,  &c,  wnen  tne  bottom  land  along  Cowaslon  creek  commences.  An 
embankment  of  14,000  cubic  yards,  to  keep  the  level,  will  be  re- 
quired here.  This  embankment  may  be  avoided  by  passing 
through  a  cedar  swamp.  The  first  course  is  perhaps  the  best, 
Expense  for  embankment  of  14,000  cubic  yards,  at  twenty  cents, 

$2,800 

For  aqueduct  of  wood  over  the  Cowaslon,  2,500 
excavation  of  17,500  cubic  yards,  at  12  1-2 

cents,  2,187 
grubbing,  he,  1,300 

  $8,787 

In  this  mile,  a  feeder  of  2  miles  and  70  chains  in  length,  may 
be  introduced  from  the  Oneida  creek. 

This  feeder  may  be  made  navigable,  as  a  lateral  canal,  to 
Oneida  Castleton,  a  village  at  Oneida  castle  owned  by  the  state. 


(  ANAL  LAWS,  fee: 


22<J 


|  In  all  probability  no  water  from  Oneida  creek  will  be  wanted  for     1  SI 7. 
the  canal  ;  but  considering  that  the  state  land  at  the  village  and  ^ — v — ^ 
i  in  its  vicinity  will  be  trebled  in  value  by  this  lateral  canal,  it  will' 
be  an  object  to  make  it  on  that  account  only.    The  whole  of  the 
\  Cowaslon  creek  may  be  thrown  into  the  same  feeder.  Making 
the  feeder  24  feet  wide  on  the  top  and  12  feet  at  the  bottom,  with 
la  depth  of  four  feet,  would  cost,  for  excavation  of  42,224  cubic 
yards,  #7,003 
For  grubbing,  Sec.  3,000 
dam  across  Oneida  creek,  1,000 
guard  lock,  5,000 

  $16,603 

As  this  is  not  necessary  as  a  feeder,  the  expense  of  it  is  not  pro- 
i  perly  chargeable  to  the  canal. 

Mile  ISth,  is  all  in  low  swampy  ground,  with  one  or  two  feet yij|e  18th, ex- 
of  black  mud  upon  a  hard  clayey  and  gravelly  soil.  The  whole  pensc' &c"  • 
has  a  little  descent  northwest,  and  there  are  two  small  streams, 
which  arise  from  springs,  and  run  without  forming  beds  much 
below  the  surface.  They  may  be  admitted  into  the  canal  with- 
out injury.  Expense  for  excavation  of  21,500  cubic  yards,  at 
20  cents,  •  $4,300 

For  one  culvert,  100 
Grubbing,  &c.  1,500 

  $5,900 

t    Mile  19th,  passes  below  a  step  or  ridge.     The  land  is  clay  Miie  ^^gj. 
and  gravel,  descending  gently  to  the  north,  and  is  as  good  as  na-.Pf;nsos' &c- 
ture  could  form  it  for  a  canal.     Expense  for  excavation  of  26, 
000  cubic  yards,  at  twelve  and  a  half  cents,  $3,250 
For  grubbing,  &c.  1 ,500 

  $4,750 

Mile  20th,  passes  upon  ground  similar  to  the  last,  for  nearly  Mile  20th,  ex. 
half  the  distance.  At  the  Canastota  creek,  the  water  is  six  and  Pen,es»  & c* 
a  quarter  feet  below  the  top  water  line  of  the  canal.  The  best 
way  to  dispose  of  this  small  creek,  is  to  erect  a  dam  of  six  and  a 
quarter  feet  high,  and  pass  the  canal  through  the  pond.  This 
will  only  overflow  two  or  three  acres,  and  two  mill  dams  about 
half  a  mile  distant  will  receive  almost  all  the  alluvion.  After 
"rossing  the  creek,  the  land  is  gravelly,  and  for  ten  chains,  is  on 
an  average  two  feet  too  high.  The  rest  is  excellent  for  a  canal, 
descending  gradually  from  two  to  three  degrees  north.  If  the 
Canastota  creek  is  carried  under  the  canal  by  deepening  its  bed, 


230  CANAL  LAWS,  &c. 

1817.    3Q50  cubic  yards  of  embankment  will  be  required  ;  if  a  dam  is 

v"~'^  '  adopted,  the  expense  will  not  be  considerable.    Expense  for  ex- 

Middiesect.oB.  cayation  0f  21,540  cubic  yards,  at  12  1-2  cents,  $2,692 
For  a  dam  across  Canastota  creek,  900 
Grubbing,  &c.  700 

  $4,292 

pensef  &c  ^s*'  *s  a^  exce^ent  *°r  a  canal,  the  ground  being  gravel, 

clay  or  loam,  with  a  descent  of  two  or  three  degrees  north,  and 
requiring  no  extra  excavation  or  embankment.    Expense  for  ex- 
cavation of  20,000  cubic  yards,  at  12  1-2  cents,  $2,500 
For  Grubbing,  he.  500 

  $3,000 

fifile  22d,  ex-  Mile  22d,  passes  through  a  cedar  swamp,  which  has  hard  bot- 
penses,  c.  t^  under  two  feet  of  black  mud.  The  surface  is  rather  below 
the  level,  but  there  is  a  general  declivity  of  from  1  to  2  degrees 
north  :  it  is,  therefore,  easy  to  gain,  if  desired,  a  higher  surface. 
There  are  4  small  runs  of  water  on  this  mile,  none  of  them  requi- 
ring culverts  but  one.  At  the  latter  end  of  this  mile,  the  line  as- 
cends the  summit  of  a  ridge  16  1-2  feet  above  the  level.  This 
is  run  over  to  keep  a  good  course,  and  will  require  an  extra  ex- 
cavation of  15,840  cubic  yards.  An  embankment  adjoining 
eastward,  will  require  a  small  part  of  this  earth  ;  and  if  a  bend 
be  made  northerly,  to  avoid  this  point  of  a  hill,  it  will  increase 
the  embankment.  Perhaps  it  will  be  best  to  cut  off  only  a  part 
of  the  point  of  the  hill,  and  thereby  save  one  half  of  the  extra  ex- 
cavation. Expense  for  excavation  of  35,800  cubic  yards,  at  15 
cents,  $5,370 
For  two  culverts,  200 
Grubbing,  he.  1,500 


7,070 


Mile  23d,  ex-    Mile  23d,  passes  over  excellent  land  for  a  canal,  which  consists 

penses,  &c.     0f  clay  and  loam,  and  descends  gradually  to  the  north,  from  2  to 

3  degrees.    Expense  for  excavation  of  26,000  cubic  yards,  at  12 

1-2  cents,  $3,250 

Fori  culvert,  100 

Grubbing,  he.  1,200 

  $4,550 

Mile  24th,  ex-    Mile  24th,  for  the  first'  part,  passes  over  clay  and  loam  exactly 
penses,  &c.     on  tyie  rec^uired  level.    The  best  course  is  to  pass  over  the  mill 
pond  in  the  Canasaraga  creek  ;  and  this  will  require  an  embank- 
ment of  7..500  cubic  yards,  and  an  aqueduct  of  wood  or  cast  iron* 


CANAL  LAWS,  fc£ 


231 


40  feet  long.    A  feeder,  if  necessary,  can  easily  be  obtained  from      1 S 1 7. 
this  creek.     Expense  for  embankment  of  7,500  cubic  yards,  at  v  v  ' 

,™  Ai  rr\n  Middle  section. 

20  cents,  $1,500 

For  aqueduct  of  wood,  2,500 

Excavation  of  20,000  cubic  yards,  at  12  1-2  cts.  2,500 

  $6,500 

Mile  25rA,  is  all  excellent,  with  a  descent  north,  and  soil  ofMiie25tht  ex. 
loam  or  gravel.    Expense  of  excavation  for  26,000  cubic  yards,  P*"86'' 
;at  12  1-2  cents,  3,250 
For  grubbing,  &c.  1,500 

  $4,750 

Mile  26*A,  passes  over  clay  and  gravel.    In  some  places  there  MlleMik  «« 
are  rough  loose  stones,  which  may  be  useful,  and  in  one  place 
the  ground  is  from  1  1-2  feet  to  3  inches  above  the  level.  Ex- 
pense for  excavation  of  30,500  cubic  yards,  at  15 
cents,  $4,575 
For  grubbing,  kc.  1,500 

  $6,075 

Mile  21th,  is  excellent  for  a  canal,  from  the  beginning  to  the  Mile  27th,  ex. 
Chitteningo  creek,  over  which  it  passes.     Some  of  the  ground  pense~*  c* 
consists  of  clay,  and  some  of  the  rich  black  mould  or  bottom  of 
he  creek,  which  is  very  nearly  on  the  level  wished.    The  creek 
nay  be  passed  by  making  a  dam  4  feet  3  inches  high,  and  this 
vould  form  a  pond  of  the  proper  level,  and  very  little  land  would 
)e  overflowed.    All  the  water  of  this  creek  may  be  taken  out,  for 
he  canal,  at  a  designated  point,  without  injuring  any  hydraulic 
establishments.     As  the  line  advances  to  a  small  spring  brook, 
in  embankment  vill  be  required.     For  the  residue  of  the  mile, 
lie  line  passes  over  land  excellent  for  a  canal,  and  descending 
gradually  to  the  north  east.    Expense  for  excavation  of  20,000 
ubic  yards,  at  12  1-2  cents,  $2,500 
For  one  culvert,  100 
Inibankment  of  4,250  cubic  yards,  at  20  cents,  850 
)am  across  the  creek,  2,000 
irubbing,  &:c.  500 

  $5,950 

I  Jtft/e  2Sth)  shortly  after  its  commencement,  passes  a  rim  of  Mile  28th,  ei* 
ater,  which  may  be  admitted  into  the  canal  without  injury. —  P6™6*  ■ 
lie  ground  to  the  vicinity  of  Beaver  dam  creek,  is  loam  and 
*  [ravel,  with  a  Gradual  declination,  and  is  a=  rood  'is  can  1^  rfiS 


232 


CANAL  LAWS,  &c. 


1817.  sired.  This  creek  is  11.71  feet  below  the  level  of  the  canal, 
*  v  *>  which  renders  a  considerable  embankment  necessary,  and  the 

Middle  section  . 

estimate  is  formed  upon  that  presumption,  although  a  less  ex- 
pensive route  may  probably  be  adopted.  This  creek  may  be 
used  as  a  feeder.  It  affords  one  fourth  as  much  water  as  the 
Chitteningo,  and  rises  from  springs.  Expense  for  embankment 
of  20,000  cubic  yards,  at  20  cents,  $4,000 
For  excavation  of  18,500  cubic  yards,  at  12  1-2 

cents,  2,312 
Aqueduct  over  creek,  2,000 

  $8,312 

Mile  29th,  ex-  Mile  29th,  is  as  conveniently  formed  for  a  canal  as  may  be, 
p  nse,  c  a  descent  north,  of  from  two  to  five  degrees,  and  a  soil  of 

black  and  chocolate  loam.    Expense  for  excavation  of  26,000  c, 
yards,  at  12  1-2  cents,  $3,250 
For  grubbing,  he.  1,500 

  $4,750 

Mile  30th       Mile  30th  is  excellent,  and  passes  only  one  stream  of  water, 
Expenses,    which  is  two  and  an  half  feet  below  the  top  water-line  of  the  ca- 
nal, and  which  must  be  admitted  into  it.    This  can  be  done 
without  injury,  as  there  is  a  inill-dam  building  a  few  rods  above 
this  place,  where  all  the  alluvion  will  be  deposited,  and  the  water 
discharged  into  the  canal  tolerably  pure.    Expense  for  excava- 
tion of  26,000  cubic  yards,  at  12  1-2  cents,  $3,250 
dam,  500 
grubbing,  &c.  400 

  $4,150 

Mile  3lst.  Mile  Slstf  passes  over  excellent  ground,  except  a  small  eleva- 
Expenses.  tjjrce  ancj  all  half  feet  above  the  level.    Expense  for  exca- 

vation of  27,000  cubic  yards,  at  12  1-2  cents,  $3,375 
For  grubbing,  he.  1,500 

 _  $4,875 

Mile  32d  **^»  *s  a^s0  exce^ent  except  an  elevation,  the  highest 

Expenses,   point  of  which  is  fourteen  and  three  fourths  feet  above  the  top 
water-line,  and  which  will  require  an  extra  excavation  of  23,500 
cubic  yards.     Expense  for  extra  excavation  of  23,500  cubic 
yards,  which  may  be  partially  saved  by  lengthening  the  canal 
at  20  cents,  $4,700 
For  excavation  of  26,000  cubic  yards,  at  12 

1-2  cents,  3,250 

trrubbinc,  &c  1,500 

_  «$,45C 


CANAL  LAWS,  fee. 


Expensei 


Mile  33d,  is  excellent  until  it  reaches  the  valley  of  tlie  outlet  1817. 
of  the  little  lakes,  where  an  embankment  is  required.    Here  a 7* 

7  1  Middle  section* 

reservoir  might  be  made  at  little  expense.    Expense  for  embank-    Mile S3d, 
inent  of  15,000  cubic  yards,  at  twenty  cents,  $3,000 
For  aqueduct,  200 

excavation  of  18,500  cubic  yards  at  12  1-2 

cents,  2,312 

  $5,512 


Mile  34th. 
Expenses. 


Mile35tb. 
Expense.-, 


.Mile  34th,  is  all  excellent  for  a  canal,  running  along  at  the 
foot  of  a  hill ;  the  ground  descending  three  degrees  generally, 
and  well  adapted  for  excavation.    Expense  for  excavation  of 
20,000  cubic  yards,  at  12  1-2  cents,  $2,500 
For  grubbing,  fee.  1 ,500 

  $4,000 

Mile  35th,  passes  over  a  low  place  requiring  a  small  em- 
bankment. In  another  place  the  ground  is  full  of  springs, 
which  may  be  all  admitted  into  the  canal.  In  one  place  the  line 
runs  on  a  steep  side-hill,  requiring  some  additional  work.  The 
residue  of  the  mile  is  excellent.  Expense  for  excavation  of  20- 
000  cubic  yards,  at  12-12  cents,  $2,500 
For  extra  work  in  moving  earth  to  low  places,  700 

 $3,200 

Mile  36tk,  commences  with  the  steep  bank  mentioned  in  the  MfleaWu 
last,  after  which  the  ground  assumes  a  more  regular  and  easy  fvmm 
slope,  and  is  good  for  a  canal  until  it  reaches  Lime-stone  creek, 
which  will  require  an  embankment  four  and  a  half  feet  high  and 
fifteen  chains  long.    The  water  of  the  creek  is  4.89  feet  below 
the  top  water  line.    By  deepening  the  bed  of  the  creek,  and 
doubling  its  width,  the  water  may  be  made  to  pass  under  a  wood 
or  cast  iron  aqueduct.    After  crossing  the  creek  the  ground  is 
excellent  to  the  end  of  the  mile.    Expense  for  embankment  of 
8,300  cubic  yards,  at  20  cents,  $1,660 
For  aqueduct,  5,000 

e\tra  work  on  steep  bank,  1,000 

excavation  of  20,000  cubic  yards,  at  12  1-2 

cents,  2,500 

grubbing,  fee.  300 

  1 10,160 

Mile  37th,  commences  by  cutting  off  the  point  of  a  hill.  It 

then  crosses  a  swamp  for  32  chains,  which  is  two  feet  too  low. 

The  swamp  appear?  verv  soft,  is  covered  with  cedar  ami  pine* 

30 


Mil «  37th, 
E'spensc*. 


234 


CANAL  LAWS,  &c. 


Mile  38th. 
Expenses. 


1817  and  a  stake  may  be  driven  down  ten  feet.  No  serious  difficulty 
Middiesection  1S  apprehended  in  carrying  the  canal  over  it,  but  the  embank- 
ment will  be  more  than  it  appears,  owing  to  the  sinking  of  the 
mud  of  the  swamp.  There  are  three  spring  brooks  in  it,  which 
may  be  made  to  fill  a  canal  dug  two  feet  in  the  present  swamp, 
and  that  would  enable  dirt-boats  to  pass  from  hill  to  hill,  for  the 
purpose  of  taking  earth  to  make  this  embankment,  as  easy  as  it 
could  be  carted  on.  After  passing  this  swamp,  there  is  no  ob- 
stacle to  the  end  of  the  mile,  the  ground  descending  north  from 
three  to  four  degrees.  Some  springs  come  out  of  the  hill  on  or 
about  the  level.  Expenses  for  embankment  of  9,000  cubic  yards, 
at  20  cents,  $  1,800 

excavation  of  26,000  cubic  yards,  at  12  1-2 
cents,  3,250 
grubbing,  &c.  -  1,500 

  $6,550 

Mile  38th,  passes  over  excellent  ground  at  the  foot  of  a  hill, 
until  it  reaches  the  low  ground  adjoining  Butternut  creek,  which 
will  require  an  embankment  and  an  aqueduct.    Water  may  be 
obtained  by  a  feeder  from  this  creek  of  the  length  of  three  fourths 
of  a  mile.    Expense  for  embankment  of  19,000  cubic  yards,  at 
20  cents,  $3,800 
For  aqueduct,  5,000 
excavation  of  16,000  cubic  yards,  at  12  1-2 
cents,  2,000 
grubbing,  &c.  1,100 

—   #11,900 

Mile  39th,  is  over  excellent  loamy  soil,  with  a  north  descent  of 
from  one  to  three  degrees,  and  one  spring  brook  which  may  be 
admitted  into  the  canal  without  injury.    Expense  for  excavation 
of  20,000  cubic  yards,  at  12  1-2  cents,  #2,500 
For  grubbing,  he.  1,150 

 #3,650 

Mile  40ih,  passes  over  loam,  and  is  as  good  as  could  be  wish- 
ed.   Expense  for  excavation  of  20,000  cubic  3'ards,  at  12  1-2 
cents,  2,500 
For  grubbing,  &c.  1,150 

 $3,650 

Mile  A\st,  is  excellent  for  a  canal,  the  soil  being  loamy  and 
E»pen«9»    gravelly,  with  a  descent  of  from  one  to  two  degrees  notherlv 


Mile  39lh. 
Expenses. 


Mile  40th. 
Expenses. 


CANAL  LAWS,  &e. 


Mile  42c'. 
Expenses. 


Mile  43d. 
K\p<  n>r ; 


Several  copious  springs  of  water  come  out  01  the  hill  on  the  left  1617. 

above  the  canal,  which  may  be  admitted  into  it  without  injury.  '  v  ' 

The  hill  on  the  left  is  200  feet  high  and  steep.    Expense  for  ex-Midale8cction 
cavation  of  26,000  cubic  yards,  at  12  1-2  cents,  3,250 
For  grubbing,  &,c.  1  ,500 

 $4,750 

Mile  42rf,  begins  in  swampy  ground,  which  it  passes  over  at 
the  northerly  edge,  md  then  runs  along  the  hard  land.  The 
swamp  is  eight  inches  below  the  level,  on  an  average,  and  is  an 
open  bog  with  no  bottom  of  hard  stuff  within  ten  feet.  After 
gaining  the  hard  land  the  ground  is  gravelly  and  good  to  the 
end  of  the  mile.  Expense  for  excavation  of  26,000  cubic  yards, 
at  20  cents,  5,200 
For  grubbing,  &c.  1,500 

 $6,700 

Mile  43d,  is  gravelly,  except  a  short  distance  of  cedar  swamp 
with  moss  bottom,  but  in  fact  hard  and  good  ground.  A  small 
spring  brook  may  be  admitted  into  the  canal  without  injury. 
Expense  for  excavation  of  26,000  cubic  yards,  at  15  cents, 

3,900 

For  grubbing,  &c.  .  1 ,500 

  $5,400 

Mile  44^,  requires  two  locks,  there  being  a  descent  of  19 
feet ;  an  aqueduct  over  the  Onondaga  creek,  two  culverts  and 
considerable  embankments,  which  will  cost  25  cents  per  cubic 
yard,  owing  to  the  difficulty  of  obtaining  earth.  Expense  for 
excavation  of  12,000  cubic  yards,  at  12  1-2  cents,  1,500 
For  embankment  of  31,600  cubic  yards,  at  25 

cents,  7,900 
2  culverts,  300 
aqueduct  200  feet  long  and  30  feet  high,  10,000 
grubbing,  &c.  750 

  $20,450 

Mile  4oth,  is  occupied  by  the  Salina  plains,  and  is  all  too  low,  Miie45ib, 
the  ground  hard  and  gravelly,  excepting  along  Harbor  creek,  ExPen5*? 
which  is  a  cedar  swamp.    Four  culverts  will  be  necessary,  and 
an  embankment  of  130.500  cubic  yards,  at  twenty-five  cents  pt  r 
yard,  and  an  aqueduct  over  the  creek.    Expense  for  four  cul- 
verts, $450 
For  embankment.  32,625 
aqueduct,  1,000 


Mile44tb. 
Expenses. 


$34,075 


CANAL  LAWS,  fee. 


1317, 


Middle  section 
Mile  46th. 
Expenses. 


Mile  47th. 
Expenses. 


Mile  48th. 
Expenses. 


Mile  46th,  although  excellent  for  a  canal,  with  a  loamy  soil] 
will  require  considerable  embankments,  besides  culverts  and  ex- 
cavation. It  is  supposed  that  the  route  here  may  be  more  ad- 
vantageously arranged.  Expense  for  embankment  of  19,510 
cubic  yards  at  20  cents,  $3,902 
For  four  culverts,  7  50 

excavation  of  22,000  cubic  yards,  at  12l 

cents,  2,750 
grubbing,  &c.  600 


Mile  49th. 
Expenses. 


Mile  50tb. 
Expenses- 


 $8,002 

Mile  47 th,  descends  gently  to  the  north,  and  contains  a  rich 
black  gravelly  loam,  is  excellent  for  a  canal  except  a  ravine,  which 
will  require  an  embankment.    Expense  for  embankment  of  l  ,450 
cubic  yards,  at  twenty  cents,  $290 
For  one  culvert,  100 
excavation  of  26,000  cubic  yards  at  12  1-2 

cents,  3,250 
grubbing,  &c.  1,500 

  *5,1- 

Mile  48th,  passes  over  smooth  good  land  for  a  canal,  with  a 
gradual  descent  of  from  one  to  two  degrees  north  until  it  ap- 
proaches the  swamp  of  Mill  brook.  Here  the  land  is  nearly 
level,  and  there  is  one  foot  of  mud5  but  gravel  and  clay  helo\ 
There  are  several  small  spring  brooks  in  the  swamp,  which  may 
be  received  into  the  canal.  Mill  brook  is  4.96  feet  below  the 
water  line  of  the  canal.  A  dam  one  hundred  feet  long  must 
be  raised  across  this  creek,  four  feet  ten  inches  high ;  very  little 
embankment  is  wanted.  Expense,  for  excavation  of  26,000  c. 
yards,  at  12  1-2  cents,  $3,250 
For  dam  across  Mill  brook,  750 
grubbing,  &c.  1,500 

  $5,500 

Mile  49th,  is  excellent.  One  small  culvert  and  a  few  yards  of 
extra  excavation  are  wanted.    Expense,  for  one 

culvert,  $100 
For  excavation  of  26,000  c.  yds.  at  12  1-2  cents  3,250 
grubbing,  &c.  1,200 

  $4,550 

Mile  60th,  is  uncommonly  good  for  a  canal.  Expense  for  ex- 
cavation of  20,000  cubic  yards,  at  12  1-2 

rents,  #2,500 


CANAL  LAWS,  &c. 


237 


For  grubbing,  &c.  1,400  1817. 

  $3,900  v^v-w/ 

Mile  5\st,  soon  after  its  commencement,  turns  north,  to  pass M*Miie  Slit" 
over  the  Nine  mile  creek,  and  crosses  a  piece  of  low  clay  ground,  L*Pcnses- 
the  lowest  of  which  is  2.84  feet  below  the  level,  but  rises  gradu- 
ally to  it  each  way.    The  nature  of  the  soil,  and  the  very  little 
extra  earth  wanted  to  make  the  banks,  warrant  a  belief,  thu' 
nothing  need  be  added  to  the  expense,  in  order  to  make  a  canal 
across  it.   Near  to  the  Nine  Mile  creek  the  line  rises  so  as  to  be  2.89 
feet  above  the  banks,  and  the  water  of  the  creek  is  four  feet  deep 
on  an  average,  and  1 1.82  feet  below  the  top  water  line.    This  is 
a  mill  pond,  and  the  water  may  be  settled  four  feet  by  carrying 
the  dam  ten  or  twelve  rods  up  the  stream,  so  as  to  be  above  the 
canal.    If  an  aqueduct  of  wood  or  cast  iron  is  constructed,  there 
will  be  no  necessity  of  altering  the  dam.    The  eight  feet  below 
the  bottom  of  the  canal  will  make  the  elevation  of  the  aqueduct 
sufficient,  as  the  water  never  rises  more  than  four  or  five  feet  in 
the  greatest  freshets.    This  aqueduct  will  be  200  feet  long. — 
After  passing  the  creek  the  bank  is  3  1-2  feet  above  the  level,  but 
the  ground  soon  descends  to  the  level.    The  earth  is  loam  and 
easy  of  excavation.    Farther  on  there  are  two  small  ravines,  in 
which  there  is  no  water,  but  embanking,  and  perhaps  culverts  or 
cast  iron  pipes  of  six  inches  diameter,  ought  here  to  be  placed, 
in  order  to  drain  off  the  waters  that  may  collect  above  the  canal. 
A  feeder  may  be  easily  made  to  bring  the  waters  of  the  creek  into 
the  canal,  which  will,  at  the  same  time,  serve  as  a  branch  canal, 
and  without  any  lock  will  carry  navigation  up  to  a  very  large 
quarry  of  excellent  gypsum.    Expense,  for  excavation  of  28,500 
cubic  yards,  at  12  1-2  cents  $3,562 
For  aqueduct,  10,000 
three  culverts.  300 
grubbing,  &c.  500 

  $14,362 

Mile  52d,  presents  excellent  ground  for  a  canal,  which  is  loam,    Mile  52d. 
and  descends  easterly.    There  are  four  small  and  short  ravines,   ExpeMe *' 
requiring  three  culverts,  of  which  two  may  be  cast  iron  pipes  of 
►  |six  inches  diameter.    The  other  ought  to  be  of  three  feet  diame- 
ter.   A  little  extra  excavation  will  be  requisite.    Expense,  for 
embankment  of  2,100  cubic  yards,  at  20  cents,  $420 
For  three  culverts,  r,nr» 


CANAL  LAWS,  $tc. 


1817.  excavation  of  28,500  c.  yds.  at  12  1-2  cts.  §3,502 

v  v  /        grubbing,  &c.  1,500 

Middle  section.    ^  ^g<£ 

Mile  53d.      Mile  53d,  passes  over  excellent  land,  a  mixture  of  clay  and 
Expenses.   Yoam,  lying  with  a  descent  of  from  one  to  two  degrees  north. — 
There  is  a  small  run  of  water,  where  an  embankment  four  feet 
high  will  be  wanted,  and  probably  a  culvert  or  cast  iron  pipe. — 
Expense,  for  embankment  of  2,500  cubic  yards,  at  20  cents, 

$500 

For  one  culvert,  100 
excavation  of  26,000  cubic  yards,  at  12  1-2 

cents,  3,250 
grubbing,  &c.  1,500 

  $5,350 

&Kle54tb,  Mile  54th,  requires  some  culverts  and  extra  excavation.  A 
Expenses,  0f  t]ie  |jne  passes  along  the  edge  of  a  brook,  where  there  is 

a  steep  bank  a  little  too  high,  and  at  the  foot  of  it  a  flat  four  or 
five  feet  too  low,  and  this  edge  of  the  bank  must  give  the  earth 
to  make  the  bank  below  sufficiently  elevated.    Expense,  for  3 
culverts,  £300 
For  excavation  of  28,500  cubic  yards, 

at  12  1-2  cents,  3,562 
grubbing,  &c.  950 

  #4,812. 

55th.  Mile  5bth.  commences  at  the  beginning  of  a  deep  cutting 
Expenses.  t|iroUg|1  a  mar\  meadow  swamp.  The  soil  is  all  soft  and  musttx 
removed  by  manual  labor,  and  the  work  must  be  so  managed  a; 
to  drain  the  lands  as  it  proceeds.  As  the  ground  is  all  swamf 
and  very  bad,  the  excavation  is  set  down  at  50  cents  per  cubii 
yard.  Expense,  for  extra  excavation  of  77,400  cubic  yards,  a 
50  cents,  $38,700 
For  mean  excavation  of  26,000  cubic  yards, 

at  12  1-2  cents,  3,250 
grubbing,  he.  being  very  bad,  3,000 

  $44,95(' 

Expens*!      ^e  *s  a  contmuat'on  °f  tne  same  swamp.  Expens' 

for  extra  excavation  of  98,000  cubic  yards, 

at  50  cents,  $49,000 
mean  excavation  of 26,000  cubic  yards, 

at  12  1-2  cents,  3,250 

srubbine:,  &c.  3,000 

  $55,25 


CANAL  LAWS,  Sec.  j  3., 

Mile  hlth,  contains  the  west  end  of  the  same  swamp.    Expense,  1S1T. 

For  extra  excavation  of  44,000  cubic  yards,  v  v  ' 

«  2T5  cents,  £8,800  "SSXtit* 

mean  do.  of  26,000  do.  at  12  1-2  do.  3,250  Eipe**. 

grubbing,  &c.  2,000 


£14,050 


Mile  58th, 


Mile  58* A,  passes  over  alvery  flat  piece  of  ground,  requiring  a 
little  extra  excavation  at  the  east  end.    Hand's  brook  and  Camp's  **9^> 
brook  will  both  fall  into  the  canal  on  this  mile  ;  and  it  is  not  easy 
0  find  a  method  to  dispose  of  the  water  of  the  former,  while  the 
anal  is  digging.    For  this  purpose  it  will  perhaps  be  necessary 
0  create  for  it  a  new  channel.  Expense, 
^or  excavation  of  28,500  cubic  yards,  at  15  cents,  $4,275 
extra  labor  to  divert  Hand's  brook,  1,500 
grubbing,  &c.  X]5Q0 

Ml   $7,275 

Mile  o9th,  is  all  excellent,  requiring  nothing  extra  but  a  cul-    Mile  59th. 

ert.    Expense,  Expenses, 

or  excavatiou  of  26,000  cubic  yards,  at  12  1-2 

cents'  $3,250 
1  culvert,  100 

grubbing,  ike  1?400 


-$4,750 


Mtle  60th,  is  excellent,  exfcept  a  little  low  ground,  which  will  Mi,e  6u,li 
quire  small  embankments  near  Carpenter's  brook,  and  at  ano- 
er  place.  A  dam  must  be  erected  across  the  brook  150  feet 
ng.  As  the  water  in  the  brook  is  6.08  below  the  level,  a  dam 
,six  feet  high  will  make  the  water  in  the  pond  on  a  level  with 
,2  canal.  Expense,  for  excavation  of  twenty  thousand  cubic 
rds  at  twelve  and  an  half  cents,  «2,500 
»  the  dam  above  mentioned,  ■'  j  'g00 

embankment  of  1,100  cubic  yards,  at20  cents  2*0 

Ebbing,  &c.  ' 


\r  1   $6,020 

we  but,  passes  over  a  summit  between  Carpenter's  brook   Mile  6I*i 
the  Skaneatelas  outlet.    The  swamp  is  from  one  to  three   ^  ^ 
I  "0mP°sed  °f  *  'oft  mossy  spongy  substance,  and  then  a 
euy  clay.    Expense,  for  excavation  of  29,000  cubic  yard. 

Srubbtng,  fee.  {  m) 

 $6.7  JO 


1 


24a 


OANAL  LAWS,  &c. 


1817. 

v  v  * 

Middle  section. 

Mile  62d. 
Expenses. 


Mile  63d. 
Expenses. 


Mile  64th. 
Expenses. 


Mile  62c?,  passes  over  very  suitable  ground  for  a  canal,  with 
the  exception  of  the  point  of  a  hill,  until  it  arrives  at  the  low  land, 
which  extends  to  the  Skaneatelas  outlet.     A  little  embank- 
ment and  a  small  culvert  are  required.    Expense,  for  extra  exca- 
vation of  2,300  cubic  yards,  at  18  cents,  $424 
embankment  of  960  do.  at  20  cents,  192 
excavation  of  22,000  do.  at  12  1-2  cents,  2,750 
1  culvert,  100 
grubbing,  &c.  1  500 

 $4,956 

Mile  63d,  requires  a  very  small  embankment  where  it  begins. 
Thence  to  the  Skaneatelas  outlet  is  all  flat  bottom  land.  The 
w  ater  of  the  stream  is  rapid,  and  the  surface  is  5.66  feet  below  the 
level.    A  dam  raised  to  that  height  would  do  no  injury,  as  it 
would  not  overflow  1  1-2  acres'of  land,  and  there  is  no  mill  be- 
low this  point  to  the  junction  of  the  outlet  with  Seneca  river.— 
A  little  embankment  on  the  west  side  of  the  outlet  will  be  neces 
sary  ;  or  perhaps  a  dam  200  feet  long,  for  the  water  to  wast 
over,  would  be  advisable.    The  remaining  embankment  is  a 
small  as  to  require  little  or  no  estimate  of  expense.    At  the  latte 
end  of  the  mile,  the  ground  is  very  favorable  (with  the  exceptio 
of  a  small  piece  requiring  extra  excavation)  and  declines  froi 
one  to  two  degrees  northerly.    There  is  a  brook  only  1.50  fe< 
below  the  level  of  the  top  water  line,  which  will  require  a  culver 
or  perhaps  it  may  be  admitted  into  the  canal  without  injury,  if 
small  dam  is  made  across  it  two  or  three  chains  above,  to  depoi 
alluvion  in  case  of  freshets.    Taking  the  waters  of  this  broc 
will  not  injure  farms  below,  as  they  are  lost  in  a  swamp.  E 
pense,  for  dam  raised  on  piles  and  embankment  with  it, 

$2,000 

For  excavation  of  22,000  c.  yds.  at  12  1-2  cts.  2,750 
1  culvert  perhaps 
grubbing,  he. 


500 


 $5,3 1 

Mile  64th,  is  all  excellent  for  a  canal ;  the  ground  descei  i 
northerly.  The  excavation  is  easy,  the  soil  being  loamy,  i 
point  of  a  hill  of  which  the  summit  is  nine  and  a  half  feet  ab(  ■ 
the  level,  must  be  cut  through  ;  and  there  is  a  low  place  at  3 
west  end,  requiring  some  earth  to  straighten  the  course, 
pense  for  embankment  and  extra  excavation,  $800 
For  excavation  of  24.000  c.  yds.  at  12  1-2  cts.  3.000 


CANAL  LAWS,  be. 


grubbing,  &c. 


$1,200 


181 


$'5,000 


Mile  66th. 
Expense?. 


Middle  section. 

Mile  6bth,  is  equally  excellent,  except  a  small  point  of  land,  Milc65th. 
6.75  feet  above  the  level,  where  the  line  is  rather  circuitous,  in  Expenses, 
order  to  avoid  a  cedar  swamp.    Expense,  for  excavation  of 
27,000  cubic  yards,  at  12  1-2  cents,  $3,375 
grubbing,  he.  1,500 

 $4,875 

Mile  passes  over  the  points  of  several  elevations,  which 
rise  from  two  to  six  feet  above  the  level,  and  may  be  avoided  by 
a  very  crooked  course.  They  are  all  easy  to  excavate,  and  will 
require  no  deep  cutting  exceeding  six  feet,  and  generally  on  each 
side  of  them  the  ground  will  require  a  little  raising.  Expense, 
For  extra  excavation  of  3,700  cubic  yards,  at  20  cents, 

$740 

mean  excavation  of  26,000  do.  at  12  1-2  do.  3,250 
grubbing,  &c.  1,500 

 $5,490 

Mile  tilth,  lays  with  a  northerly  descent  of  from  one  to  two   Mile 67th 


degrees,  and  is  a  rich  black  loam.    A  culvert  and  a  little  em- 
bankment will  be  necessary.    The  line  runs  over  some  ground 
a  little  above  the  level.    At  one  place  runs  a  small  stream,  which 
may  be  let  in  without  injury.  Expense, 
For  excavation  of  27,000  cubic  yards,  at  12  1-2 
cents,  £3,375 
2  culverts,  200 
embankment  of  2,000  cubic  yards,  at  20  cents,  400 
grubbing,  &c.  900 

 $4,875 

Mile  6Qth>  begins  a  little  east  of  Bread  creek.  On  the  flat  or 
bottom  land,  made  by  the  creek,  there  are  some  places  three  feet 
below  the  level  (where  water  runs  in  very  great  freshets)  which 
may  be  rendered  good  with  little  expense;  and  perhaps  a  small 
culvert  may  be  necessary  here.  Bread  creek  is  only  4.85  feet 
below  the  top  water  line.  This  is  a  rapid  stream,  and  the  best 
plan  to  cross  it  is  to  erect  a  dam.  The  alluvion  of  the  creek 
might  be  kept  out  of  the  canal  by  erecting  stop  gates,  on  each 
side  of  the  pond,  which  would  oblige  the  water  to  pass  over  the 
dam  ;  or,  in  addition  to  this,  waste  gates  might  be  so  fixed  in  the 
dam  as  to  draw  from  the  bottom  of  the  canal,  and  the  water  thus 
discharged  would  carry  ofl*  all  the  alluv  ial  matter  through  these 

31 


Expenses. 


Mile  Mh 
Expenses. 


242 


CANAL  LAW  S,  &e. 


1817.  waste  gates.  After  crossing  this  creek  the  ground  is  excellent, 
m^IT*""*^  witn  a  gentle  declination  to  the  north,  until  near  the  end  of  the 

Middle  section.  T 

mile,  where  a  culvert  maybe  wanted.  Expense, 
For  a  dam  on  piles  across  Bread  creek,  $  1,500 

excavation  of26,000  cubic  yards,  at  12*  cents,  3,250 
1  culvert,  100 
grubbing,  he.  300 

 $5,150 

Expenses'  69$,  descends  from  one  to  two  degrees  northerly,  and  is 

all  excellent  for  a  canal.    One  small  culvert  will  be  necessary. 

Expense, 

For  excavation  of 26,000  cubic  yards,  at  12-  cents,$3,250 
1  culvert,  100 
grubbing,  &ic.  250 

 ■  $3,600 

Ex^e^f1*'  70$,  commences  near  Spring  brook,  which  is  4.97  feet 

below  the  level.  A  dam  of  that  height  would  give  the  water  in 
the  pond  the  requisite  level.  Some  raising  of  the  banks  is  ne- 
cessary near  the  creek,  as  the  flat  land  along  it  lies  about  two 
feet  below  the  top  water  line.  Between  Cold  spring  and  Tyler's 
brook  the  ground  is  above  the  level,  in  one  place  near  four  feet, 
declining  each  way.  The  deep  cutting  here  is  no  serious  objec- 
tion to  a  straight  course.  Expense, 
For  extra  excavation  of  11,400  cubic  yards,  at 

15  cents,  $1,710 
mean  do.  of  26,000  do.  at  12  1-2  do.  3,250 
dam  across  Cold  spring  brook,  1,000 

 $5,960 

Mire  ?lst.  Mile  list,  is  good  for  a  canal.  Some  little  extra  excavation 
xpenses.  ^  necessary  at  tne  east  en(j.  Near  the  west  end  the  ground 
is  too  steep,  where  in  some  places  the  descent  is  six  or  eight  de- 
grees. The  Tyler's  brook  is  a  small  stream,  only  1.50  feet  be- 
low the  bottom  of  the  canal,  into  which  it  may  be  brought.  If, 
however,  this  produces  too  much  alluvial  matter,  it  may  be  con- 
veyed over  the  canal.  Expense  for  excavation  of  27,000  cubic 
yards,  at  12  1-2  cents,  $3,375 
Extra  labor  to  dispose  of  the  water  of  Tyler's  brook,  500 

Grubbing,  &c.  1,000 

  $4,875  <j 

Mite  72fl  Passes  on  g°0€*  groimd  for  some  distance,  until  an 

Expense*,    embankment  becomes  necessary  to  pass  the  flats  of  the  Owasco  | 
outtet    This  creek  is  twelve  and  an  half  feet  below  the  top  wa- 


CANAL  LAWS,  fcc.  243 

ler  line  of  the  canal,  and  will  require  an  aqueduct  150  feet  long.  1817. 

After  gaining  the  higli  land,  which  is  very  steep,  with  a  sharp  ^  v — — ' 

ridge  eleven  feet  above  the  level,  the  line  falls  very  soon  below 
the  level,  and  then  rises  again  above  it.    It  soon  descends  again  ; 
after  which  the  route  is  good,  until  it  becomes  necessary  to  make 
a  lock  and  descend  8  feet.    Thence  to  the  end  good,  but  requi- 
ring a  little  embankment.     Expense  for  embankment  of  21,000 
cubic  yards,  at  25  cents,  $5,275 
Aqueduct,  5,000 
Excavation  of  20,000  c.  yards,  at  12  1-2  cents,  2,500 
Grubbing,  &c.  225 

  $13,000 

Mile  73rf,  is  crooked  and  uneven.     Four  culverts  will  be  re-   £I,lfi  7,?ti" 

7  ^  Lxpenyjs. 

quired  for  the  streams  rising  in  the  hills  south  of  the  canal,  and 

some  points  of  the  hills  must  be  cut  off  to  straighten  the  course. 

Expense  for  excavation  of 32,000  c.  yards,  at  12  1  -2 

cents,  $4,000 

For  4  culverts,  400 

Grubbing,  he.  1,400 

  $5,800 

Mile  74th,  descends  to  the  north-west,  and  is  all  good.   There   £Iile  74th- 

'  m  1  D  Expends. 

is  one  point  3  feet  too  high,  which  may  be  easily  avoided  by  a 
bend.    Two  culverts  are  required.     Expense  for  excavation  of 
26,000  c.  yards,  at  12  1-2  cents,  $3,250 
For  2  culverts,  400 
Grubbing,  &c.  1,500 

  $5,150 

Mile  7bth,  is  very  good  for  a  canal  to  Crane  brook,  where  Mile  75th. 
there  is  ground  from  two  to  three  feet  too  low.  In  this  brook,  Expease" 
the  water  is  8.13  feet  below  the  top  water  line.  This  stream 
dries  up  in  the  summer,  and  therefore  would  not  yield  water 
when  wanted.  It  rises  high  in  freshets,  and  ought  to  pass  under 
the  canal.  The  bed  of  the  creek  may  be  doubled  in  width,  and 
by  that  means,  with  deepening  the  channel  a  little,  a  passage  may 
be  found  for  the  floods.  Some  extra  excavation  will  be  necessa- 
ry, in  order  to  avoid  a  swamp.  Expense  for  embankment  of 
16,000  c.  yards,  at  20  cents,  $ o,200 

Aqueduct  over  Crane  brook,  3,500 
Excavation  of  1 8,000  c.  yards,  at  12  1-2  cents,  2,250 
drubbings  &c.  1,500 

 $10,450 


J4i 


CAx\AL  LAWS,  be. 


1817.       J\JiJe         commences-  near  the  bed  of  Great  brook,  which  is 

Middies^Jion  *ost  *u  a  swamP*     ^he  De^  *s  f°rmed  near  its  junction  with 
Crane  brook.    On  this  mile  a  lock  of  nine  feet  descent  must  be 

Expense  s^'   ma(H  f°r  which  the  ground  is  very  favorable,  and  will  require 
but  little  excavation.    From  the  lock  to  the  end  of  the  mile,  the 
ground  is  low  and  apparently  swampy.     It  consists  of  clay  and 
an  embankment  may  be  easily  made,  as  there  is  no  part  more 
than  three  and  an  half  feet  below  the  top  of  the  canal.  Some 
points  of  hills  must  be  cut  off  to  straighten  the  route,  and  three 
culverts  are  required.    Expense  for  embankment  of  18,500  cu- 
bic  yards,  at  20  cents,  $3,700 
For  aqueduct  over  Great  brook,  1,500 
Excavation  of  16,000  c.  yards,  at  12  1-2  cents,  2,000 
3  culverts  to  drain  the  land  above  embankments,  300 
Grubbing,  Lc.  1,400 

  $8,900 

MOe  77th.  Mile  nth,  begins  in  clayey  ground,  three  feet  too  low.  After 
Expenses.  passnig  this,  two  points  of  land,  (the  easterly  one  coming  in  from 
the  south,  and  the  other  from  the  north,)  four  or  iive  feet  above 
the  level,  of  a  loamy  soil,  must  be  cut  off.  The  valley  of  a 
brook,  which  must  be  crossed,  will  render  an  embankment  and  a 
culvert  necessary.  Expense  for  embankment  of  9,300  c.  yards, 
at  20  cents,  g  1,860 

For  1  culvert,  150 
Excavation  of  18.000  c.  yards,  at  12  1-2  cents,  2,250 

■   £4,260 

Here  the  middle  section  of  the  canal  terminates  in  the  Seneca 
river  at  the  point  and  on  the  level,  reached  by  Mr.  Geddes. 
Supplies  of  The  exuberant  supply  of  water  for  the  canal,  in  this  section, 
water,  gypsum,  must  be  a^  once  perceived,  from  an  inspection  of  the  topograph- 
ical map.  At  its  commencement,  the  waters  of  the  Mohawk  riv- 
er will  be  used,  and  they  can  be  increased  to  any  extent,  by  in- 
troducing a  feeder  from  Fish  creek.  Independently  of  numer- 
ous small  brooks,  the  canal  can  derive  as  much  water  as  can  be 
desired  from  the  Oneida,  Cowaslon,  the  Canasaraga,  the  Chitte- 
ningo,  the  Black,  the  Limestone,  the  Butternut,  the  Onondaga, 
the  Nine  mile,  Skaneatelas,  the  Bread,  the  Cold  Spring,  the 
Owasco,  and  the  Crane  creeks  ;  some  of  which  are  the  outlets  of 
lakes,  and  others  originate  from  perennial  springs  in  high  land?, 
and  will  never  be  affected  by  the  clearing  of  the  country. 


CANAL  LAWS,  kc. 


245 


The  adaptation  of  the  grounds  of  this  section  for  a  canal,  is  pe-  1817. 
culiar  and  extraordinary.    After  proceeding  two  miles  and  four- v     v  ' 
teen  chains,  it  will  be  necessary  to  descend  six  feet ;  alter  which 
the  line  of  the  canal  proceeds  41  1-2  miles  on  one  level.    A  de- 
scent of  19  feet  then  takes  place,  from  the  foot  of  which  another 
level  extends  30  miles.    For  the  remainder  of  the  distance  to  the 
Seneca  river,  there  are  three  departures  from  the  level — one  of 
8,  one  of  9,  and  one  of  6  1-2  feet.    Thus  the  whole  extent  of 
this  section,  occupying  77  miles,  will  require  but  six  locks. 

In  many  places,  inexhaustible  beds  of  gypsum  exist,  which  can, 
by  means  of  this  canal,  be  conveyed  cheaper  to  the  great  agricul- 
tural counties  of  the  state,  than  it  can  be  procured  by  importa- 
tion :  And  nothing  is  more  easy,  than  by  a  short  lateral  canal  of 
one  and  an  half  miles  in  length,  to  form  a  communication  between 
Salinaand  the  great  canal,  thus  furnishing  fuel  to  the  works,  and 
salt  to  the  whole  country.  A  level  has  been  carried  from  that 
of  the  canal,  at  the  foot  of  the  two  locks  near  Onondaga  creek, 
which  would  require  no  greater  depth  of  excavation  than  four  feet, 
in  any  place,  and  no  embankment,  culvert  or  lock. 

A  connexion  by  locks  can  easily  be  made  with  the  Onondaga  .  Connection 

J  J  0    with  Onondaga 

lake.    And  if  it  is  thought  adviseable,  a  canal,  uniting  the  great  Me. 
canal  with  the  Oneida  lake,  can  be  effected.    The  level  of  the  ca- 
nal is  51  feet  above  the  Oneida  lake,  and  the  expense  of  this  la- 
teral communication,  may  be  estimated  as  follows  : 
Three  miles  of  canal,  at  an  average  cost  of  excavation,  including 
every  thing,  of  £5,000  per  mile,  gl  5,000 

Lockage  of  51  feet,  51,000 
6  large  culverts,  1 ,200 

Embankments,  &c.  4,000 

 —  £71,200 

The  estimate  per  mile,  herein  before  stated,  excluding  the  Lateral  canal 
above  estimate  for  a  lateral  canal  to  Oneida  lake,  and  also  the 
expense  of  a  feeder  from  Oneida  creek,  in  the  aggregate,  amount 
to  £609,096 

There  are  other  expenses  to  be  added.  The  line  of  the  canal 
passes  over  4G  roads,  where  bridges  will  be  required,  and  these 
ire  estimated  at  £500  a  piece,  (probably  too  much,)  £23,000 

A  feeder  from  Limestone  creek,  20  chains  long.    Expense  for  CXpcn^r3  ami 
excavation  of  3,500  cubic  yards,  at  12  1-2  cents,  $437 
For  guard  gate  and  dam.  1.000 

  £1.937 


CANAL  LAWS,  &q. 


1817. 

Middle  section. 


A  feeder  from  Butternut  creek,  60  chains  long.    Expense  far 
excavationof  10,500  cubic  yards  at  12  1-2  cents,  $1,312 
For  dam  and  guard  gates,  1,500 
grubbing,  he.  1,100 

  $3,912 

A  feeder  from  Nine-mile  creek,  3  miles  long.  Expense  for 
excavation  of  42,242  cubic  yards,  at  12  1-2 

cents,  $5,280 
For  dam  and  guard  gates,  1,500 
grubbing,  he.  3,000 

$9,780 
Expense 


Guard  locks 
$nd  expense. 


A  feeder  from  the  Owasco  outlet,  15  chains  long, 
for  excavation  of  3,000  cubic  yards,  at  12  1-2 

cents,  $375 
For  raising  5  1-2  feet  on  mill-dam,  2,000 
guard  gates,  he.  500 

  $2,875 

Expense  of  two  guard  locks,  of  two  feet  lift  each,  at  ChitteninV 
go  creek,  to  prevent  floods  from  entering  the  canal, 

$6,000 

Expense  of  two  stop  gates  at  Carpenter's  brook,  1,800 
do.  at  Bread  creek,  1,800 

do.  at  Cold-spring-brook,  1,800 

2  locks,  of  2  feet  lift  each,  at  Skaneatelas  to  ^ 


prevent  water  from  rushing  into  the  canal 
in  freshets.    It  is  not  certain  that  these  will 


6,000 


per 

die 


be  necessary,  J 
6  locks  for  an  ascent  of  48  1-2  feet,  allowing 

per  foot  #1,250,  60,6 
The  whole  of  this  section  passes  through  earth  of  such  a 
ture,  or  so  situated  as  to  be  deemed  secure  from  leakage.  Pud- 
dling will  therefore  be  requisite  only  for  some  of  the  high  em- 
bankments, estimated  at  $  10,000 
The  aggregate  amount  of  all  preceding  items 

is,  $739,225 
Add  five  per  cent,  for  contingencies, 
for  engineers,  superintendence,  and 
expenses  connected  therewith,  at 
$1,000  per  mile, 
Total  ex-  The  total  amount  of  estimates  for  the  middle 

ense  of  mid- 


36,961 


77,000 


section. 


•sectron  is 


#S53,l8e 


CANAL  LAWS,  See. 


The  five  per  cent,  for  contingencies  is  borrowed  from  the  Eu-  181*. 
ropean  mode  of  forming  estimates  ;  and  the  charge  of  1,000  dol-  v— v  ' 

•  i    c  •  »    ■  •  «  _       .  ,.,       ,        Ea^ern  sec- 

tars  per  mile  tor  engineers,  superintendence,  &c.  is  too  liberal.  tion. 

The  eastern  section  of  the  canal  extends  from  Rome  to  the 
Hudson  river  ;  and  Charles  C.  Broadhead,  Esq.  was  employed 
as  engineer,  to  act  upon  that  part  of  it  which  lies  between  Rome  and 
Schoharie  creek.  He  has  accordingly  levelled  over  and  explored 
the  route,  within  these  limits  ;  and  in  the  following  details  there- 
of, reference  is  had  to  his  minutes,  maps  and  profiles,  herewith 
presented. 

Beginning,  then,  at  a  stone  placed  by  Mr.  Wright  in  the  south   Eastern  see 
west  bank  of  the  Rome  canal,  standing  45- 100  of  a  foot  above  thet,on  ot  cw4ah- 
level  of  the  water  (being  the  point  marked  A  on  Mr.  Wright's 
map,)  and  proceeding  down  the  Mohawk  river,  along  the  south 
shore  thereof,  the  route  is  described  and  estimated  as  follows, 

Mile  1st,  passes,  for  36  chains,  over  rich  bottom  lands ;  then  Mile  1st. 
16  chains  of  alder  swamp.  The  residue  is  gravel  and  loam,  ^g.^P611969' 
scending  to  the  north.  The  Little  Oneida  creek  crosses  the  line 
in  the  swamp  with  its  bed  2.59  feet  below  the  level.  An  em- 
bankment, in  the  swamp,  will  be  required  of  16  chains  long,  and 
(Vom  1  to  4  1-2  feet  high,  with  a  culvert  to  pass  the  water  of  the 
;reck.    Expense  for  embankment  of  3,230  c.  yards, 

at  20  cents,  $646 
Por  excavation  of  27,500     do.    at  12  1-2  do.  3,437 
1  culvert,  100 
dam  across  Little  Oneida  creek,  500 

  $4,683 

Mile  2d,  passes  over  60  chains  of  gravel,  mixed  with  clay,  the  Mile2tj 
Cst  sandy.    The  line  for  20  chains  runs  near  the  edge  of  a  Expense?,  <£c 
wamp.    A  small  run  of  water  crosses  the  line,  where  a  culvert 
a  ill  be  necessary.    Expense  for  excavation  of  26,700  c.  yards, 
Lt  12  1-2  cents,  #3,337 
Por  1  culvert,  100 

  g3,4:]7 

Mile  3rf,  passes  over  gravel,  clay  and  loam,  with  some  places    Mile  3j. 
tony  and  descending  to  the  north,  in  some  places  steep.    TheExpenses,  &c' 
ine  may  be  so  varied,  in  this  mile,  as  to  avoid  extra  digging,  by 
eugthening  it.    Expense  for  excavation  of  52,120  c.  yards,  at 
18  cents,  $9,381 
'or  one  Culvert,  100 

  $9,461 


CANAL  LAWS,  &e. 


1S17.  Mile  4th,  passes  over  flat  stony  land,  consisting  of  loam  and 
^T""^""     clay  for  the  first  20  chains.    The  residue  is  loam  and  sand,  de- 

Eastern  sec-        17  ■  „, 

tion.      scending  northerly.    The  line,  for  the  greatest  part  of  this  mile, 

Expewfest^&c. runs  at  tlie  **00t  of  a       near  tne  ed£e  of  a  sWamP>  and  16  chains 
of  it  lies  through  woods.    Expense  for  excavation  of  26,800  cu- 
bic yards,  at  12  1-2  cents,  $3,350 
For  2  culverts,  200 
grubbing  and  clearing,  300 

■   $3,S50 

Mile  5th.       j\JHe  5th  passes  over  land  of  a  description  similar  to  the  last. 

Expenses,  &c.  1        .  rri 

except  that  64  chains  lies  through  wood  land.    There  are  two  small 
runs  of  water,  which  may  be  admitted  into  the  canal  without  in- 
jury, or  if  passed  under,  they  will  require  two  culverts.  Expense 
for  excavation  of  34,190  c.  y.  at  14  cts.  $4,786 
2  culverts,  200 
grubbing,  &c.  1,200 

  $6,186 

£xpenses6tl&c  Passes  generaHy  over  clay  an<J  loam,  gently  de- 

clining to  the  north.  The  route  lies  between  the  edge  of  a 
swamp  and  the  foot  of  a  hill.  There  are,  in  this  mile,  56  chains 
of  woodland,  and  a  fine  quarry  of  building  stone  contiguous  to 
the  line.  There  are  two  streams  which  require  culverts.  Ex- 
pense for  excavation  of  38,140  cubic  yards,  at 

14  cents,  $4,339 
For  2  culverts,  200 
grubbing,  &c.  S00 

  $5,33$ 

Mile  7th.       j\ju€  7^  passes,  for  the  first  24  chains,  along  a  steep  side  hill 

expenses,  &c.  7  r  0  r 

the  residue  of  the  mile  descends  gently  to  the  north.  The  earl!: 
is  generally  sand  and  clay,  with  some  stone.  It  is  easy  to  exca- 
vate. There  is  one  small  stream,  and  a  fine  quarry  of  building 
stone.  Expense  for  excavation  of  21,960  cubic  yards,  at  12  1-2 
cents,  $2,745 
For  2  culverts,  200 
embankment  of  1 ,67 0  cubic  yards,  at  20  cents,  334 

-   $3,27: 

Mile  8th.       Mile  Slh0  passes  generally  over  sand  and  loam,  of  which  th 
Expenses,  &c.  gurface  js  pretty  even.    In  this  mile  the  Oriskany  creek,  crosse 
the  line,  where  an  embankment,  15  chains  long,  and  from  4  to  1 
feet  high,  will  be  necessary.    The  bed  of  the  creek  is  14  fee 
i>elow  the  level,  and  a  canal,  from  a  woollen  manu factory,  whic 


CANAL  LAWS,  fcc. 

crosses  the  line  here,  is  5.30  feet  below  the  level.  A  culvert  will 
be  wanted  for  the  little  canal,  and  large  water-ways  for  the 
creek ;  but  these  will  be  provided  for  in  the  estimate  of  an 
aqueduct,  by  which  the  creek  and  canal  will  best  be  passed.  By 
throwing  a  dam  across  the  Oriskany,  5  feet  high,  at  a  point  46 
chains  above  the  line,  the  water  may  be  brought  in  a  feeder,  inter 
the  canal,  as  represented  on  the  map.  Expense 
For  aqueduct  over  creek  and  canal,  £15,000 
excavation  of  20, 500  cubic  yards,  at  12  1-2 

cents,  2,575 
embankment  near  the  48th  station  of  2,0  10 

cubic  yards,  at  20  cents,  528 
feeder  4G  chains  long,  requiring  the  excavation  of 
12,130  cubic  yards,  at  15  cents,  1,710 
embankment  on  feeder,  of  2, 8 10  cubic  yards, 

at  20  cents,  562 
dam  and  guard  gate,  1,000 

  $21,384 

Mile  9th,  passes  generally  over  a  soil  composed  of  sand  and  MUe§Wfc, 
loam,  easy  to  excavate.    The  route  passes  over  the  side  of  the  ExpenS€5'  *cC' 
Oriskany  hill,  which  is  in  some  places  very  steep,  and  which  has 
at  its  foot  a  miry  cedar  and  tamarick  swamp.    A  ravine  must 
be  crossed  where  it  is  one  chain  and  fifty  links  wide,  and  6  1-4 
feet  deep.    This  will  require  an  embankment  and  small  calvert. 
By  a  route  bending  to  the  north,  the  deep  cutting  might  be 
avoided.    Expense  for  excavation  of  40,200  cubic  yards,  at 
12  1-2  cents,  5,025 
For  1  culvert,  100 

  £5,125 

Mile  10th,  passes  over  earth  easy  to  be  excavated,  but  con- 
siderably uneven.  Three  small  streams,  requiring  two  culverts  Expenses,  ic. 
cross  the  line.  These  streams  rise  in  a  sandy  hill,  considerably 
above  the  level,  and  in  freshets  bring  down  much  sand  in  their 
waters.  But  if  it  should  be  thought  advisable,  they  may  be  let 
into  the  canal,  by  a  side  cut,  with  very  little  expense,  and  with- 
out injury.  Expense  for  excavation  of  27,000  cubic  yards,  at 
,12  1-2  cents,  $3,375 
?or  embankment  of 6,260  cubic  yards,  at  twen- 

cents,  1,252 
I       1  culvert,  250 

  $4,877 


250 


CANAL  LAWS,  fee. 


1817.       Miles  11  and  12th,  are  described  together.    The  first  part  of 
the  11th  mile  passes  over  level  ground,  and  near  the  edge  of  the 
bank  above  the  bottom  land.    Here  two  routes  have  been  ex- 
,    ,  plored  for  a  short  distance,  (see  map.)    If  the  north  route  is 

M.les  11th  and r  '  v  v  1 

12th,  expenses,  adopted,  which  is  probably  the  best,  an  embankment  of  45 
chains  long,  and  from  7  to  8  feet  high,  will  be  necessary,  with  a 
culvert  sufficient  to  pass  the  waters  of  the  Sadaqueda  creek, 
which  is  50  links  wide.  The  bed  of  this  creek  is  11  1-2  feet 
below  the  level.  Near  the  easjt  end  of  the  12th  mile,  is  a  ravine 
requiring  an  embankment  of  4  chains  long,  and  from  4  to  13  1-2 
feet  high,  under  which  must  be  a  culvert  to  pass  a  small  stream. 
If  the  south  route  should  be  adopted,  less  embankment  will  be  ne- 
cessary, but  deep  cutting  will  be  incurred  ;  besides  it  is  proba- 
bly more  difficult  to  cross  the  mill  canal,  than  the  stream  below, 
and  the  old  bed  of  the  stream  must  be  crossed  in  either  case. 
Expense  of 

Mile  11th,  for  embankment  of  28,000  cubic 

yards,  at  25  cents,  $7,000 
excavation  of  14,520  do.  at  12  1-2  do.  1,815 
embankment  of  4,220  do.  at  20  do.  844 


£9,659 


Mile  12th,  embankment  of  39,900  c.  yards, 

at  25  cents,  9,775 
2  culverts,  250 
aqueduct  over  the  Sadaqueda  creek,  6,000 
excavation  of  7,000  cubic  yards,  at  12  1-2 
cents,  875 


  $17,100 

Mile  13th,      Mle  13th,  passes  over  loam,  of  which  the  excavation  is  verj 
Expenses,  &c.  eaSy#    \i  descends  gradually  to  the  north.    Two  culverts  will  be 
required.    Expense  for  excavation  of  26,800  cubic  yards,  at  2( 
cents,  $3,350 
2  culverts,  250 

 $3,60( 

Mile  14^A,  passes  over  earth  easy  to  excavate,  and  it  decend 
Mile  14th,  gently  to  the  north.  At  Nail  creek  an  embankment  will  be  re 
Expenses,  &c.  qu|red  of  8  cnams  in  length,  on  the  top,  and  6  chains  long  oi 
the  bottom.  The  bed  of  the  creek  is  14  1-2  feet  below  the  le 
vel;  it  is  also  30  links  wide.  Here  must  be  a  culvert.  If  tli 
north  route  of  the  canal  is  adopted,  (see  11th  mile)  an  embank 
ment  on  the  last  part  of  this  mile  will  be  required,  of  20  chain 


CANAL  LAWS,  fcc  g&J 

'long,  and  from  5  to  8  feet  high,  and  this  embankment  extends  in-  1817. 
to  the  next  mile.    If  the  south  route  is  adopted,  there  will  be  re-v  v  ' 

.        ,      „      ,    .  tai        Eastern  sec- 

quired  from  3  to  4  feet  extra  deep  cutting  for  34  chains.  Kx-tion. 
pense  for  embankment  of  17,240  c.  yds.  at  20  cts.  #3,448 

excavation  of  41,200  cubic  yards  at  15  cents,  6,180 

aqueduct  over  Nail  creek,  500 

  #10,128 

Mile  15th,  on  the  north  route,  will  require  from  its  com-  ■ Mile  15th- 

^  •     Expenses,  &c» 

mencement,  an  embankment  from  5  to  20  feet  high,  and  44  chains 
long,  including  Ballou's  creek  and  ravine,  where  a  culvert  will 
be  wanted,  larger  than  common,  as  the  creek  is  50  links  wide, 
and  large  enough  in  the  spring  to  carry  a  grist-mill,  though 
nearly  dry  in  the  summer.  On  the  south  route,  there  would  be 
required  about  60  chains  of  extra  deep  cutting,  and  an  embank- 
ment over  Ballou's  creek  and  ravine,  of  4  chains  and  50  links 
in  length,  and  from  12  to  15  feet  deep,  including  the  culvert- 
Expense  for  excavation  of  S5,000  cubic  yards,  at  12  1-2 
cents,  $10,625 
For  embankment  of  6,300  do.  at  20  do.  1,260 
aqueduct  over  Ballou's  creek,  500 

  $12,385 

jMilc  16th,  passes  over  a  gravelly  loam,  descending  to  the  Miiei6th, 
lorth.    An  embankment  is  necessary,  2  chains  long  and  14  i_2  Expenses'  &c' 
eet  high,  with  a  small  culvert  under  it.    Expense  for  embank- 
nent  of  4,920  cubic  yards,  at  twenty  cents,  #984 
culvert,  100 
excavation  of  32,000  cubic  yards,  at  12  1-2 
cents,  4,000 

  #5,084 

Mile  11  th,  passes  over  land  like  the  last.  Clark's  creek  and 
avine  cross  the  line,  where  an  embankment  will  be  wanted,  4  ExpensM^&c., 
hains  and  50  links  long  on  the  top,  and  3  chains  50  links  at  the 
ottom,  and  13  1-2  feet  high,  including  a  culvert.  This  creek 
ises  high  in  the  spring,  and  its  bed  is  30  links  wide.  Another 
mbankment  is  necessary  on  this  mile,  to  be  3  chains  50  links 
mg  on  the  top,  and  2  chains  50  links  at  the  bottom,  and  6  1-2 
et  high,  including  a  small  culvert.  Expense  for  embankment 
f  14,560  cubic  yards,  at  20  cents,  #2,912 

excavation  of  35,200  do.  at  15  do.  4,280 

aqueduct  over  Clarke's  creek,  500 

2  culverts,  600 


.$8:293 


£52 


CANAL  LAWS,  &c. 


1817.        Mile  1 8^,  passes  over  sand,  gravel  and  loam.    Several  creeks, 

^-v  '  runs  and  ravines  cross  the  line,  requiring  embankments  and  cul- 

tion.  verts,  as  follows  :  1st  ravine,  2  chains  50  links  long  on  the  top, 

,„ti  ,  ,     and  50  links  less  on  the  bottom.    It  is  11  1-2  feet  deep,  and  re- 

Milel8th,         .  1 

Expenses,  &c.  quires  a  culvert.  The  2d  ravine  is  1  chain  50  links  long  on  the 
top,  and  1  chain  on  the  bottom,  and  17  1-2  feet  deep.  The  3d 
is  2  chains  25  links  long  on  the  top,  1  chain  and  25  links  on  the 
bottom,  and  11  3-4  feet  deep.  The  4th  is  Ferguson's  creek,  25 
links  wide,  and  6  3-4  feet  below  the  level,  and  may  be  made  still 
lower  4  or  5  feet.  This  creek  rises  in  a  hill,  and  in  a  wet  season 
swells  much  over  its  banks.  Here  a  small  embankment  will  be 
required  of  from  1  to  2  1-2  feet  high,  and  8  chains  long.  Ano- 
ther ravine  and  run  cross  the  canal  west  of  Ferguson's  creek,  of 
2  chains  25  links  across  on  the  top,  1  chain  25  links  on  the  bot- 
tom, and  6  1-2  feet  deep,  where  an  embankment  will  be  necessa- 
ry. Expense  for  excavation  of  55,120  cubic  yards,  at  fifteen 
cents,  $8,268 
embankment  of  14,615  do.  at  20  do.  2,923 

5  culverts,  1,000 

  $12,191 

Mile  19th,       Mile  19th,  passes  over  land  easy  to  excavate,  but  includes  6 
Ejpenses,  &e.  gma]j  creeks  ancj  ravines,  where  so  many  embankments  and  cul- 
verts will  be  required.    Expense  for  excavation  of  23,500  cubic 
yards,  at  12  1-2  cents,  $2,937 
embankment  of  18,926,  at  20  do.  3,787 

6  culverts,  600 

—  $7,324 

Mile  20th  20^>  passes  generally  along  a  pretty  steep  side  hill,  the 

Expenses,  &c.  soil  being  of  sand  and  loam.  Dederick's  creek  crosses  the  line, 
and  requires  an  embankment  2  chains  long,  and  111-2  feet  deep, 
where  a  culvert  is  necessary.  There  are,  besides  this  creek, 
four  small  runs,  requiring  three  culverts.  Expense  for  embank- 
ment of  3,820  cubic  yards  at  20  cents,  $764 
excavation  of  26,800  do.  at  12  1-2  do.  3,350 
4  culverts,  400 

  $4,51' 

Mile  2ist-       Mle  21st,  passes  over  ground  easy  to  excavate,  and  generalh 


Expenses. 


on  a  side-hill.    The  surface  is  here  uneven,  requiring  several 
small  embankments  and  culverts.  Expense, 
For  embankment  of  4,000  c.  yds.  at  20  cents,  $800 
excavation  of  38,330  do.  at  12  1-2  do.  4/791 


(  ANAL  LAWS,  &c. 


25c 


tion. 

Mile  22d. 
Expenses. 


Mile  23d. 
Expenses. 


Mile  24th. 
Expen»es. 


(  •       4  culverts,  400  1817. 

 £5,991  w-v-w 

Mile  22d,  passes  over  uneven  land,  easy  to  excavate,  in  which,  (i(Ef 
beside  smaller  ones,  there  is  a  ravine  requiring  an  embankment 
i  6  chains  long,  and  from  12  to  16  feet  deep.    Expense  for  an 
embankment  of  18,930  cubic  yards,  at  20  cents,  £2,7SG 
For  excavation  of  3S,000  do.  at  12  1-2  do.  4,750 
5  culverts,  800 

 £8,336 

Mile  23d,  passes  over  land  which  is,  in  some  places,  wet  and 
Stony,  but  generally  consists  of  sand,  loam  and  gravel.  Here  is 
a  brook,  30  links  wide,  running  in  a  ravine,  which  requires  an 
embankment  3  chains  long  and  1G  1-2  feet  high.  Expense  for 
excavation  of  51,500  c.  y.  at  15  cents,  $8,725 
For  embankment,  9,170  do.  at  20  do.  1,S34 
1  culvert,  200 

 £10,759 

Mile  24th,  passes  over  1G  chains  of  bottom  land,  and  the  rest 
stony  and  gravelly.  Here  are  several  ravines  and  runs  of  water, 
of  which  the  principal  one  is  Meyer's  creek,  which  in  time  of 
high  water  is  a  mad  stream  overflowing  the  flats.  There  are, 
however,  in  this  mile,  no  difficulties  which  may  not  easily  be 
!  overcome  with  small  embankments,  suitable  culverts,  and  an 
i  aqueduct  over  Meyers  creek.  Expenses  for  embankment  of 
9,853  c.  yards,  at  20  cents,  £  1,970 

i  For  excavation  of  22,500  c.  yds.  at  12  1-2  cents,  £2,S12 
3  culverts,  300 
aqueduct  ever  Meyer's  creek,  2,000 

 £7,082 

•  Mile  25th,  passes,  for  the  most  part,  over  a  flat,  fdled  with  MileKft. 
round  stones,  for  the  rest  along  the  side  of  a  hill,  consisting  of  LlPenses 
sand,  gravel  and  loam.  There  is  here  a  ravine  4  chains  and  80 
links  long  on  the  top,  4  chains  on  the  bottom  and  1 0  feet  deep. 
There  w  ill  also  be  required  an  embankment  over  Dygert's  creek,  7 
chains  and  40  links  long,  and  9  feet  high.  This  creek  is  20 
links  wide,  and  must  have  a  culvert.  Expense  for  embankment 
of  17,320  cubic  yards  at  20  cents,  £2,474 

'  For  excavation  of  29,500  c.  y.  at  12  1-2  cents,  3,G75 
3  culverts,  750 

 £6,S99 

Mile  20///,  for  the  first  5G  chaius,  passes  over  land  descending  JffjJJjJj 


CA.\AL  LAWS, 


Cion 


1817.  gradually  to  the  north,  of  which  the  earth  is  gravel  and  loam, 
^v^^  The  residue  is  rich  bottom  land.  For  42  chains  of  this  mile, 
Eastern  sec-em|3anjiments  are  necessary,  of  which  the  largest  is  required  at 
Steel's  creek,  whicfrlies  13  1-2  feet  below  the  level.  This  creek 
requires  a  passage  at  least  30  links  wide,  being  at  times  swollen 
and  rapid.  The  greatest  part  of  the  embankment  in  this  mile 
might  be  avoided  by  a  more  southerly  route,  but  in  that  case  the 
high  point  of  a  hill  must  be  cut  through.  Expense  for  excavation 
of  4,780  c.  y.  at  12  1-2  cents,  $937 
For  embankment  of  42,500  c.  yds.  at  25  cts.  10,525 
1  culvert  and  aqueduct  over  Steel's  creek,  2,500 

 $  13,962 

Mile  21th,  for  one  third  of  the  way,  runs  over  a  steep  side-hill; 
the  residue  descends  gradually  to  the  north.  An  embankment  of 
16  chains  long,  and  from  4  to  13  feet  high,  will  be  required  over 
a  low  piece  of  ground,  which  cannot  be  avoided.  Expense 
for  embankment  of  19,700  c.  yds.  at  20  cents,  $3,940 
For  excavation  of  18,500  c.  yds.  at  12  1-2  cts.  2,312 
1  culvert,  200 

 $6,452 


Mile  27th. 
Expenses. 


Mile  28th. 
Expenses. 


Mile  29th. 
Expenses. 


Mile  28th,  for  about  48  chains,  runs  along  a  ridge  of  round 
stones,  for  the  rest  it  runs  over  flat  land.  An  embankment  4 
chains  long,  and  from  4  to  13  feet  high,  is  required  in  crossing 
Fulmer's  creek,  where  a  small  aqueduct  is  necessary.  Expense, 
For  embankment  of  3,600  cubic  yards,  at  20  cents,  $720 
excavation  of  20,000  c.  yds.  at  12  1-2  cts.  2,500 
aqueduct,  2,500 

 $5,720 

Mile  29th,  for  about  14  chains,  runs  along  land  which  has  a 
gentle  slope  to  the  north.  The  next  32  chains,  runs  along  the 
foot  of  a  steep  hill,  called  the  dug-way,  where  a  rough  stone 
wall  will  probably  be  necessary  on  both  sides  of  the  canal,  on  the 
north  side  to  support  the  bank  of  the  canal,  and  on  the  south 
side  to  prevent  the  hill  from  falling  into  it.  The  residue  of  the 
mile  passes  over  bottom  land,  overflowed  in  the  spring  and  fall, 
where  an  embankment  and  a  wall  of  from  3  to  14  feet  high,  and 
40  chains  long,  will  be  wanted,  on  the  north  side  of  the  canal,  to 
protect  it  against  the  floods  of  the  Mohawk.  Within  20  or  30 
rods  are  plenty  of  good  building  stone.  Expense  for  stone  wall 
at  the  dug-way,  $5,000 
For  embankment  and  other  stone  wall,  8,250 


Canal  laws,  &c. 


254 


excavation  of  4,000  c.  yds.  at  12  1-2  cts.        j£:>00  1817. 
1  culvert,  200  v^v^y 

 gl3,050tio^rils€C- 


jkftZe  30th,  for  about  50  chains,  runs  between  the  foot  of  a  steep  MiiC30th. 
hill  and  the  river,  over  gravel  and  hard  earth  difficult  to  excavate.  Lxpui 
The  residue  of  the  soil  is  loam  and  sand.    An  embankment  will 
be  required  of  20  chains  long,  and  from  3  to  16  feet  high,  to  pass 
a  ravine,  where  a  small  culvert  will  be  necessary.    Expense  for 
embankment  of  49,650  c.  yds.  at  15  cts.  7,464 
For  excavation  of  24,000  c.  yds.  at  12  1-2  cts.  3,000 
1  culvert,  100 

 #10,564 

Mile  31st,  passes  over  gravelly  loam  and  bottom  land.    Here   Mile  31st, 
is  considerable  deep  cutting,  and  the  line  might  be  varied  so  as   Lxptu  ° 
to  avoid  it  in  part,  but  in  that  case  it  would  pass  through  a  bury- 
ing ground.    Expense  for  excavation  of  65,100  cubic  yards,  at 
15  cents,  $9,766 
For  1  culvert,  100 

 $9,860 

Mile  S2d,  for  60  chains,  passes  over  a  gravelly  loam,  and  for  the  j 
residue  over  lime  stone,  of  which  a  part  is  solid  rock.    A  small        "  '  • 
embankment  will  be  necessaiy  on  this  mile.    Expense  for  em- 
bankment of  4,400  c.  yds.  at  20  cents,  $880 
For  excavation  of  21,500  c.  yds.  at  12  1-2  cts.  2,687 
do.        through  the  limestone  rock,  4,000 
I       2  culverts,  200 

 #7,767 

1    Mile         for  about  12  chains,  continues  over  the  limestone   j\jjje  334 
ridge  mentioned  above.    The  rest  of  this  mile  consists  of  uneven  LxPense!?- 
gravel  and  loam,  interspersed  with  stone.    Three  culverts  will  be 
required,  and  a  considerable  embankment.    Expense  for  em- 
bankment of  10,500  c.  yds.  at  20  cts.  $2,100 
,For  excavation  of  18,000  c.  yds.  at  12  1-2  cts.  2,250 
do.       rock,  2,250 
3  culverts,  ^00 

 $7,150 


Mile  34th,  for  the  most  part,  passes  over  land  which  is  gravelly,    Mile 34th. 
ind  in  some  places  hard  and  stony.    Probably  a  little  below  the  Exf€I'se3* 
urface  some  rock  will  have  to  be  excavated.    A  brook  011  which 
here  is  a  grist-mill  crosses  the  line.    This  brook  may  be  con- 
lucted  into  the  canal  with  little  expense.  Expense  for  excavatine; 


CANAk  LAWS,  &fc. 


1817.    rock  and  earth,  34,000  c.  yds.  at  55  cts.  $18,700 
x  v  '  For  embankment  of  5,300  cubic  yards,  at  20 

Eastern  sec-  ^  ^  _  ^ 

iion.  cents,  1,060 

2  culverts.  300 

 —  $20,000 

Mile 35th.       Mile  35th.  The  description  of  the  last  mile  applies  to  this, 
Expenses.   eyen  totne  receiving  into  the  canal  a  small  stream  of  water.  Ex- 
pense for  excavating  rock  and  earth,  26,580  cubic  yards,  at  fifty 
cents,  13,290 
For  2  culverts,  300 

  $13,590 

Miles  36, 37  Miles  36,  37  and  38.  These  three  miles  include  the  route  of 
ses.  ,expe"  the  canal  at  the  Little  Falls,  and  are  described  together.  57 
chains  of  the  36th  mile  pass  along  the  foot  of  the  Fall  Hill  to  A, 
on  a  piece  of  ground  about  one  chain  wide  between  the  hill  and 
the  bottom  land.  This  part  is  gravelly  with  some  loose  stone 
and  solid  rock,  and  has  an  uneven  surface,  with  the  appearance 
of  having  fallen  from  the  hill.  Near  the  house  of  Col.  Bellin- 
ger, a  small  stream  crosses  the  line,  and  here  the  deep  cutting 
may  be  partly  shunned  by  passing  north  of  his  house.  From  A  to 
B,  is  a  ravine  14  chains  50  links  long,  in  which  there  is  a  fall  of 
46  feet,  requiring  to  be  descended  by  five  locks.  The  banks  of 
the  ravine  consist  of  rock,  and  rise  from  4  to  40  feet,  leaving  a 
width  between  them  of  from  50  to  100  links.  At  B,  the  line 
runs  on  the  beach  of  the  Mohawk,  and  little  or  no  excavation 
will  be  necessary  from  A,  at  the  upper  end  of  the  ravine,  to  the 
island  in  the  river.  From  B,  to  the  head  of  this  island,  it  is  pro- 
posed to  build  a  dam  of  sufficient  height  to  exclude  the  waters 
of  the  Mohawk  from  running  on  the  south  side  of  the  island; 
the  island  itself,  and  the  north  bank  of  the  ravine  between  A  and 
B,  being  at  present,  higher  than  such  a  dam  would  require  to  be. 
From  B  to  C,  which  is  opposite  to  the  lower  end  of  the  island, 
at  a  place  where  the  canal  line  enters  another  ravine,  is  about 
24  chains.  At  C,  the  water  is  6  feet  deep  with  abottom  of  rock> 
Just  below  the  upper  entrance  of  the  ravine  at  C,  it  is  proposed  to 
build  another  dam,  20  feet  high,  and  extending  from  the  lower 
end  of  the  island  across  to  the  south  shore  of  the  river.  Such 
a  dam  would  set  the  water  back  to  the  foot  of  the  locks  at  B; 
with  a  depth  all  the  way  between,  sufficient  for  the  canal.  From 
C  to  D,  a  distance  of  28  chains,  the  ravine  last  above  mention 
ed  extends,  and  is  separated  from  the  Mohawk  on  the  north  by  < 
rough  irregular  bank  of  rock' and  earth,  which  seems  to  hav* 


CANAL  LAWS,  &:c. 


been  thrown  from  the  precipice  on  the  south,  with  such  violence,  1817. 

as  to  be  separated  from  it  at  the  bottom  for  the  space  of  from  4  — ' 

to  6  rods,  which  forms  the  width  of  the  ravine.    There  are  here  &*. 

two  places  where  a  passage  for  the  canal  must  be  excavated 

through  granite  rock.    The  first  of  these  places  extends  from 

the  bank  of  the  river  eastward,  and  is  4  chains  long,  and,  at  the 

highest  point,  6  1-2  feet  above  the  level.    The  second  is  5  chains 

50  links  long,  and  at  the  highest  point  13.47  feet  above  the 

level.    From  D  to  E  is  57  chains,  over  which  the  line  runs  along 

the  foot  of  Fall  Hill,  where  the  width  of  ground  between  u 

mountain  of  rock,  on  one  side,  and  the  bank  of  the  river  on  the 

other,  is  not  more  than  from  50  to  100  links.    For  the  north 

bank  of  the  canal,  throughout  this  distance,  it  will  be  necessary 

to  build  a  substantial  stonewall,  and  to  line  it,  on  the  inside,  with 

a  considerable  quantity  of  tight  or  well  puddled  earth.  Here 

must  also  be  a  lock  with  a  descent  of  6.85  feet.    From  E  to  the 

end  of  the  38th  mile,  the  line  passes  over  rich  bottom  land,  which 

is  not  overflowed  by  the  river,  but  which  requires  three  culverts. 

Expense  for  excavation  of  40,600  cubic  yards, 

at  12  1-2  cents,     .  $5,750 
For  do.  of  rock  for  canal  and  locks,  in  all 

97,500  cubic  yards,  at  75  cents,  73,125 

stone  wall  between  the  river  and  Fall  Hill,  4,560 

2  dams,  one  at  the  head  and  the  other  at  the 

foot  of  the  island,  25,000 

3  culverts,  300 

 $108,735 

Mile  39th,  passes  over  land  easy  to  excavate,  lying  between  jvii!e39th 
the  bottom  land  and  a  hill.  Expense  for  excavation  of  29,496  Expense*, 
cubic  yards,  at  12  1-2  cents,  3,687 

Mile  40fA,  passes  over  some  loam,  some  clay,  and  some  loose  Miie40th. 
round  stone,  in  general  not  quite  so  easy  to  excavate  as  the  last,  t:xPei,se8» 
and  requiring  one  culvert.    Expense  for  excavation  of  32,124 
cubic  yards,  at  12  1-2  cents,  4,015 

1  culvert,  100 

 $4,115 

Mile  41sf,  passes  for  the  most  part  over  bottom  land  easy  to  Mile4ist. 
excavate.    The  Nowendaga  creek,  of  which  the  bottom  is  dark  ^P*050' 
limestone,  crosses  the  line  in  this  mile.    This  creek  is  50  links 
wide  between  its  banks,  and  may  be  conducted  over  the  canal, 
as  it.  lies  much  nbove  the  l^vcl  near  the  route.    The  deep  c"T^ 

3:t 


258 


CANAL  LAWS,  kc. 


1817. 
* — -v  

Eastern  sec- 
tioo. 


Mile  42d. 
Expenses. 


Mile  43d. 
Expenses. 


Mile  44th. 
Expenses. 


Mile  45th. 
Expenses. 


ting  cannot  be  avoided.    Expense  for  excavation  of  73,6 1 6  cubic 
yards,  at  18  cents,  $13,250 
2  dams,  gates,  &c.  at  the  creek,  5,000 

  $18,250 

Mile  42d,  runs  generally  along  the  foot  of  the  high  ground, 
and  at  the  edge  of  the  bottom  land.  In  some  places  it  is  stony, 
and  the  bottom  land  in  this  mile  is  low  and  swampy.  Two  cul* 
verts  will  be  required.  The  deep  cutting  may  be  avoided  by 
crooking  a  little  to  the  north.  Expense  for  excavation  of  26,800 
cubic  yards,  at  12  1-2  cents,  3,350 
For  embankment  of  2,100  do.  at  20  do.  820 

2  culverts,  200 

 $4,370 

Mile  43d,  will  require  an  embankment  12  chains  long,  and 
from  4  to  6  feet  high.  The  earth  is  chiefly  gravel  and  loam. 
There  is  a  piece  of  deep  cutting  which  cannot  be  avoided.  Over 
the  low  ground,  a  stonewall,  20  chains  long,  and  from  6  to  10 
feet  high,  to  support  one  of  the  banks  of  the  canal,  will  be  want- 
ed. .Expense  for  embankment  of  6,600  cubic  yards,  at  20 
cents,  1,320 
For  excavation  of  40,100  cubic  yards,  at  14 

cents, 

stone  wall, 

1  culvert, 


5,614 
1,600 
100 


■   $8,634 

Mile  44*A,  passes  over  gravel  and  loam,  generally  full  of 
round  stones.  In  some  places  it  is  wet  and  boggy,  but  with  a 
hard  bottom.  Two  small  embankments  are  necessary.  There 
is  here  a  small  stream  which  may  be  received  into  the  canal. 
Expense  for  embankment  of  13,600  cubic  yards  at  twenty 
cents,  2,720  ' 

For  excavation  of  26,800  cubic  yards,  at  12 

1-2  cents,  3,350 

1  culvert,  100 

  $6,170 

Mile  45th,  passes  over  ground  descending  gently  to  the  north  ; 
in  some  places  stony,  and  in  others  boggy,  not  hard  to  exca- 
vate. Some  embankment  and  a  culvert  will  be  necessary.  Ex- 
pense for  embankment  of  2,640  cubic  yards,  at 

20  cents,  528 
For  excavation  of  26.800cnbic yards,  at  Wept.  4.020 


CANAL  LAWS,  fee. 


Mile  47th. 
Expense*. 


I  culvert,  $200  131 

  $4,748 

Mile  46th,  passes  over  ground  which  will  answer  to  the  de-  Astern  sec- 
scription  of  the  last  mile,  except  that  two  runs  of  water  cross  the    Mile 46th. 

.  .  1  ,  Lxpenses. 

lino,  requiring  each  a  culvert.    Expense  for  excavation  of  30,- 

000  cubic  yards,  at  15  cents,  4,500 
For  2  culverts,  200 

  $4,700 

Mile  47th,  passes  over  land  generally  descending  to  the  north, 
with  its  surface  gravelly  and  stony.    Here  Mill  brook,  a  small 
rapid  stream,  crosses  the  line.    Expense  for  embankment,  of 
3,160  cubic  yards,  at  20  cents,  632 
For  excavation  of  24,500  cubic  yards,  at  12  1-2 

cents,  3,068 

dam  to  pass  Mill  brook,  2,500 

  $6,200 

Mile  4Sth,  passes  over  land  generally  descending  gently  to  the  Mile4tih. 
north,  but  of  which,  16  chains  has  a  steep  descent  and  consists  ExPen?,w 
of  clay.    Several  small  streams  cross  the  line,  requiring  em- 
bankments and  culverts.    Expense  for  excavation  of  40,200  cu- 
bic yards,  at  12  1-2  cents,  5,025 
For  embankment  of  528  cubic  yards,  at  20 

cents,  105 
3  culverts,  500 

  $5,630 

Mile  49th,  passes  from  the  end  of  the  last  mile  to  A,  over  steep    Mile 49th. 
side-lying  ground,  consisting  of  gravel  and  clay.    The  residue  ElPenses* 
of  the  mile  runs  along  the  beach  of  the  river,  at  the  foot  of  an 
almost  perpendicular  hill,  consisting  of  rock  and  blue  clay,  full 
of  springs.    Here  will  be  required  a  stone  wall,  on  both  sides  of 
the  canal,  for  40  chains. 

Expense  for  stone  walls,  $9,600 
For  embankment,  6,250 
Excavation  of  20,700  c.  yards,  at  12  1-2  cents,  2,575 

1  culvert,  200 

  $18,625 

Mile  bi)th,  passes  over  a  steep  side-hill  of  clay  and  gravel,  MileSGtk 
Way  to  excavate.    Two  small  runs  cross  the  line,  of  which  one  P*1*8* 
fa  8  3-4  feet,  and  the  other  9  1-2  feet  below  the  level.  Expense 
for  excavation  of  17,850  c.  yards,  at  15  cents,  $2,677 


CANAL  LAWS,  fee. 


1817.  Embankment  of  14,750  c.  yards,  at  20  cents,  $2,950 
*  v  ^  2  culverts,  200 

Eastern  sec- 
tion.   $5,827 

Expensed  Mile  5l5f'  rulls  for  66  chains>  at  the  foot  of  a  hill,  where  the 
line  may  be  varied  so  as  to  require  but  little  extra  excavation. — 
Three  embankments  will  be  required,  of  which  the  largest  must 
be  14  chains  long,  and  from  7  to  10  feet  high,  and  3  culverts  will 
be  required.  Expense  for  excavation  of  20,150  cubic  yards,  at 
12  1-2  cents,  $2,5 1 7 

For  embankment  of  1 6,192  c.  yards,  at  20  cts.  3,238 
3  culverts,  950 

  $6,705 

Mile  52d.  5.2rf,  runs>  ^roni  *ts  commencement,  32  chains  over  bottom 

Expenses.  ]anc]5  where  an  embankment,  5  feet  high,  will  be  required.  In 
this  distance,  the  Esquago  creek  crosses  the  line.  This -stream 
is  2  chains  30  links  wide  between  its  banks,  and  12  1-2  feet  be- 
low the  level,  and'one  of  the  most  violent  creeks  on  the  whole  sec- 
tion, requiring  an  aqueduct.  Expense  for  embankment  over  the 
Esqnago  flats,  of  39,600  c.  yards,  at  25  cents,  $9,960 
For  excavation  of  13,120  c.  yards,  at  12  1-2  cts.  1,640 
Aqueduct,  9,500 

  $21,040 

Mile  53c?,  passes  along  the  edge  of  a  hill  of  gravel,  chiefly  ea- 

Expensei.    sy  to  excavate.    Two  small  runs  cross  the  line  here,  which  may 

be  admitted  into  the  canal  without  expense.    One  culvert  will  be 

necessary.     Expense  for  excavation  of  23,150  cubic  yards,  at 

12  1-2  cents,  $2,893 

For  1  culvert,  100 

 $2,993 

Mile  54th.  Mile  54th,  passes  over  soil  like  the  last.  The  Kaates  kill 
Expenses.  crosses  tne  line  in  this  mile.  It  takes  its  rise  in  the  hills  south, 
and  is  a  violent  stream  in  freshets,  bringing  down  large  quanti- 
ties of  gravel  and  sand.  It  lies  too  high  to  pass  under  the  canal, 
and  must  therefore  be  crossed  by  making  a  dam  high  enough  to 
raise  the  water  to  the  level.  The  superfluous  waters  of  this 
stream  can  be  discharged  from  the  canal  by  suitable  waste  gates. 
Expense  for  excavation  of  24,360  cubic  yards,  at 
15  cents,  ,  $3,654 

For  dam  and  waste  gates.  3,550 
i  culvert.  100 

  g7,304 


CANAL  LAWS.  fcc. 


Mile  both,  passc>  generally  along  the  loot  of  a  ridge  of  lime  181 
stone,  good  for  building.    The  Canajoharie  creek  crosses  in  this 
mile,  on  a  bed  8  1-4  feet  below  the  level,  and* may  be  sunk  down  tio^asteru  acc* 
14  feet  below  the  level,  by  clearing  out  the  stream  for  i5  chains 
below  the  line.    This  is  a  mad  stream,  sometimes  overflowing  its  Expenses, 
banks,  in  consequence  of  being  obstructed  by  ice  lodged  on  the 
island  lying  10  chains  below  the  line.    Over  this  stream,  which 
is  1  chain  (50  links  wide  between  its  banks,  there  must  be  an 
aqueduct,  and  an  embankment  8  chains  long,  and  from  1  1-2  to 
8  1-4  feet  high.    Expense  for  excavation  of  rock  and  earth,  22, 
800  cubic  yards,  at  40  cents,  $9,120 
For  embankment  of  4, 100  c.  yards,  at  20  cents,  820 
Aqueduct  and  deepenine:  the  creek,  1 0,000 

  $.19,940 

Mile  56th,  runs  along  the  foot  of  a  limestone  hill,  over  land  Mile  56th. 
consisting  of  sand,  gravel,  and  some  stone.  Expense  for  exca-  Expen  es" 
vation  of  25,350  cubic  yards,  at  25  cents,  $6,337 

Mile  57th,  passes  for  45  chains  along  a  side  hill,  of  which  20    Mile  57th. 
chains  are  very  steep.    The  earth  is  clay  and  gravel.     Here  Expenses, 
will  be  required,  on  both  sides  of  the  canal,  a  dry  stone  wall,  one 
to  keep  the  hill  froni  slipping  into  the  canal,  and  the  other  to 
support  the  north  bank,  and  protect  it  against  the  Mohawk. — 
One  culvert  will  be  necessary  to  pass  a  stream  which  lies  5  3-4 
feet  below  the  level.    Expense  for  excav  ation  of  30,270  c.  yards, 
at  25  cents,  $7,567 
For  stone  wall,  3,200 
1  culvert,  500 

  $11,267 

Mile  5Sth,  passes  generally  over  ground  descending  gently  to  Mile  58th. 
the  north,  and  consisting  of  gravel  and  sand,  with  considerable  LiPen3e? 
quantities  of  stone  in  some  places.  The  deep  cutting  may  be 
avoided  by  bending  the  line  to  the  north.  The  Plattikill  crosses 
the  line  of  this  mile,  and  is  a  mad  stream,  I  chain  60  links  wide 
within  its  banks.  It  brings  down  in  the  spring  of  the  year  flood 
wood  and  gravel.  There  is  a  saw  mill  on  it  4  chains  above  the 
line.  This  stream  may  be  passed  by  a  dam  with  suitable  waste 
gales,  without  injuring  the  mill  site.  Expense  for  embankment 
of  4,280  c.  yards,  at  28  cents,  $  850 

For  excavation  of  23,100  c.  yards,  at  15  cents,  3,465 
Dam  and  gates.  jf,250 
1  culvert.  100 

  #12,671 


I 


263 


CANAL  LAWS,  &c. 


1817.       Mile  o9th,  passes  over  land  descending  gradually  to  the  north, 

— v  '  and  which  has,  in  some  places,  gravel  and  stone.    Expense  for 

Eastern  sec*  embankment  0f  14,256  c.  yards,  at  20  cents,  $2,851 
For  excavation  of  20,460  c.  yards,  at  18  cents,  3,682 


tton, 

Mile  59th 
Expenses 


Mile  60th. 
Expenses. 


Mile61et. 
Expenses. 


Mile62d. 
Expenses 


1  culvert, 


200 


  $6,733 

Mile  60th,  passes  for  50  chains,  on  a  strip  of  land  about  one 
chain  wide,  at  the  foot  of  a  precipitous  and  rocky  hill,  called  the 
Nose.  The  place  of  elevated  ground,  between  the  iuil  and  the 
river,  appears  to  have  been  formed  by  the  successive  falling  of 
fragments  from  the  precipice.  Here  it  will  be  necessary  to  erect 
a  stone  wall  30  chains  long.  Twenty  chains  of  this  mile  pass 
along  a  steep  side-hill,  and  near  the  edge  of  a  swamp.  The  soil 
is  a  gravelly  loam,  and  some  embankment  will  be  necessary. — 
Expense  for  stone  wall  and  embankment  to  pass 

the  Nose,  $7,250 
For  excavating  rock  and  earth,  15,550  c.  yards, 

at  20  cents,  3,110 
1  culvert,  200 

  $10,560 

Mile  6ls£,  generally  runs  winding  round  the  foot  of  a  stony 
ridge,  to  near  the  end  of  the  mile  along  the  edge  of  the  swamp. 
The  earth  consists  of  gravel,  sand  and  stone,  difficult  to  excavate. 
At  a  place  called  the  Little  Nose,  deep  cutting  will  be  required, 
through  granite  rock,  for  a  stretch  of  8  chains,  and  from  2  to  19 
feet  deep.  An  embankment  cf  40  chains  long,  and  from  4  to  7 
feet  high,  will  be  necessary  near  the  beginning  of  the  mile  ;  and 
a  small  stream  6  3-4  feet  below  the  level  will  require  a  culvert. 
Expense  for  embankment,  culvert  and  stone  wall, 
to  pass  Little  Nose,  $4,500 
For  excavating  earth  of  22,500  cubic  yards,  at 

20  cents,  4,500 
Excavating  rock  at  Little  Nose,  12,848  cubic 
yards,  at  75  cents,  9,636 

 $18,630 

Mile  62d,  is  partly  occupied  by  the  Little  Nose  described  in 
the  last  mile.     The  greatest  part  of  this  distance,  the  line  runs 
over  fine  bottom  land,  near  the  edge  of  hard  land  on  a  ridge. — 
But  here  passes  the  Wassenhaw  creek,  which  is  twenty  links  wide, 
j  and  where  an  embankment  13  chains  long,  and  from  7  to  9  fefct 


CANAL  LAWS,  fcc. 


high,  and  a  stone  wall  and  dam  will  be  necessary.    Expense  for  1817. 
stone  wall  and  dam,  $5,690 
For  excavation  of  13,150  c.  y.  at  12  1-2  cents,  1,643 
embankment  of  14,5S0  c.  y.  at  20  cents,  2,916 

 $10,249 

Mile  63d,  runs  over  land  descending  gently  to  the  north,  and  MlIe 

'  ,  .  7.  J?    ,  '  Expenses,  A 

in  some  places  wet  and  stony,  nut  not  difficult  to  excavate.  Ex- 
pense for  excavation  of  25,160  cubic  yards,  at  15  cents,  $3,774 

Mile  64th,  passes,  for  the  first  20  chains,  over  bottom  lands,  Mile  64th. 
where  an  embankment  16  chains  long  will  be  wanted,  of  from  1  E***113"'  &* 
8  feet  high.  Here  crosses  Printup's  creek,  which  now  runs  in  a 
channel  30  links  wide,  and  9  3-4  feet  below  the  level,  but  which 
has  formerly  scooped  out  a  channel,  now  dry  and  abandoned,  to 
the  depth  of  8  1-4  feet  below  the  level.  iThe  deep  cutting  can- 
not be  avoided.  It  consists  of  gravel  and  loose  stone.  Ex- 
pense for  excavation  of  34,270  cubic  yards, 

at  15  cents,  £5,140 
For  embankment  of  11,264  cubic  yards, 

at  20  cents,  2,252 

aqueduct  over  the  creek,  4,000 

1  culvert,  250 

 $11,642 

Mile  65th,  runs  along  and  at  the  foot  of  a  steep  side-hill  of  gra-   Mile  65tb. 
velly  loam,  except  16  chains,  which  consists  of  lime  stone,  of^P60*69'  &c 
which  a  small  part,  where  a  ridge  puts  down  to  the  river,  will 
have  to  be  excavated.    West  of  this  ridge,  an  embankment  16 
chains  long,  and  from  4  to  7  1-2  feet  high,  will  be  required  on 
the  north  side  of  the  canal.    The  stone  here  is  good  for  building 
and  easily  obtained.    Expense  for  excavation  of  22,300  c.  y.  at 
20  cents,  $4,460 
For  excavation  of  rock,  1 ,600 

embankment  of  9,800  c.  yds.  at  20  cents,  $1,960 

  $8,020 

Mile  66th  runs  on  the  margin  of  a  steep  side-hill,  near  the  edge 
of  the  flat.    The  hill  is  mostly  loose  slate  and  gravel,  mixed  in  Expenses,  fee. 
places  with  other  stone.    Two  small  runs  of  water  cross  the  line. 
Expense  for  excavation  of  31 ,500  cubic  yards, 

at  18  cents,  $5,670 
For  3  culvert?.  300 

 $5,970 


^64 


CANAL  LAWS,  &c. 


1817.        Mile  67th,  runs  overland  which  resembles  the  last,  except  that 
there  is  a  greater  proportion  of  sand,  loam  and  gravel,  making 
it  easier  to  excavate.    Expense  for  excavation  of  35,1 50  c.  y.  at 
Mile  67th.    15  cents,  $5,272 

Expenses,  &c.  For  j  cuJvert>  200 

  $5,472 


Mile  6fith.       Mile  68th,  runs  over  land  like  the  last.    Expense  for  excava- 
Expenses,  &c  t;on  Qf  35^50  CUDic  yards,  at  1 5  cents,  5,472 
Mile  69th.       Mile  69th,  runs  over  land  like  the  last.    Expense  for  excava- 

Expenses,  &c.  tjon  Qf  35^59  cubjc  vards?  at  15  centSj  $5,472 

For  1  culvert,  200 

  $5,672 


Mile  70th.  Mile  10th,  passes  for  the  most  part  along  and  at  the  foot  of 
Expenses,  &c  a  side-hill.  Here  two  creeks  cross  the  line,  Aurey's  kill 
and  Ishes'  kill,  over  the  first  of  which  an  embankment  will  be 
necessary  of  16  chains  in  length,  and  from  8  to  14  feet  high; 
over  the  other  is  required  another  embankment  14  chains  long, 
and  from  2  to  13  1-2  feet  high.  The  north  bank  of  the  canal 
between  these  creeks  must  be  supported  by  a  stone  wall.  The 
deep  cutting  may  be  avoided  by  bending  to  the  north.  Expense 
for  embankment  of  50,940  cubic  yards,  at  20 

cents,  $10,188 
For  stone  wall,  4,960 
2  aqueducts,  10,000 
excavation  of  13,200  c.  yds.  at  12  1-2  cents,  1,650 

  $26,798 

Mile  71st  and  Mile  list  and  27  chains.  This  distance  runs  along  and  at  the 
27  chains.  ^  a  gteep  j^j^  Qf  wnjcn  tne  earth  is  gravel,  sand  and  clay, 

easy  to  excavate.  Expense  for  excavation  of  39,200  c.  y.  at  12 
1-2  cents,  $4,900 


The  aggregate  amount  of  all  the  foregoing  items,  is  $718,012 
Locks  &c  ^e  details  °f tne  nne  e|plored  by  Mr.  Brodhead,  terminate 
on  the  west  side  of  the  Schoharie  creek,  71  miles  and  27  chains 
from  Rome.  In  the  course  of  this  distance,  the  line  of  the  canal 
falls  precisely  132.85  feet.  To  accommodate  this  fall,  16  locks 
are  placed  at  various  distances,  pointed  out  on  the  map,  where  the 
ground  is  favorable,  and  the  materials  for  making  them  easily  to 
be  obtained.  The  expense  of  lockage  is  estimated  at  $1,250 
per  foot  lift.  £166,062  50 


CANAL  LAWS,  &cV 

At  the  Little  Falls,  and  several  short  distances  in  the  highest  1817. 
embankments,  and  where  the  line  passes  over  small  round  stone, v  v 

,     Eastern  6cc- 

puddling  will  probably  be  necessary  ;  but  the  route,  in  general,  tion. 
lies  over  land  in  which  there  is  no  danger  of  leakage.    To  cover  '  iuie  Falls, 
the  expenses  of  this  item,  an  allowance  is  made  of  $20,000 

The  quantity  of  water  which  may  be  introduced  into  the  canal, 
on  this  section,  is  such  as  to  leave  no  solicitude  on  that  subject. 
And  no  calculation  of  the  expense  of  feeders  from  the  Mohawk  is 
made,  because,  at  several  places  where  dams  and  walls  are  to  be 
erected  against  that  river,  its  waters  may  be  admitted  into  the 
canal,  without  additional  expense. 

There  are  required  on  the  route  between  Rome  and  Schoharie 
creek,  45  bridges,  at  $500  $22,500 

Allow  for  210  bridges  to  accommodate  farms,  at 

.$200  42,000 


And  the  amount  is                                      '  $970,574  50 

On  which  add  5  per  cent,  48,528  50 
And  for  engineer,  superintendence,  &c.  at  the 

rate  of  $1,000  per  mile,  71,500 


The  aggregate  of  all  expenses  on  this  sec  tion,  is  1,090,003 

It  may  here  be  remarked,  as  a  feature  of  the  country  traversed 
by  this  canal,  not  less  favorable  than  the  evenness  of  its  surface, 
that,  from  three  miles  above  the  Little  Falls  of  the  Mohawk, 
westward  for  240  miles,  the  route  will  not  require  the  excavation 
of  a  single  yard  of  any  kind  of  rock. 

Mr.  Brodhead's  level  approaches  the  Schoharie  creek,  on  its  Schoharie 
west  side,  at  an  elevation  of  about  22  feet  above  its  surface. creek' 
There  are  two  modes  of  crossing  this  cr<  k  either  of  which  might 
be  adopted.  A  dam  may  be  made  across  the  creek  at  A,  (on  Mr. 
Brodhead's  map)  which  shall  raise  the  water  10  feet,  when  the 
canal  may  be  let  down,  by  a  lock,  into  the  pond,  which  this  dam 
will  create,  and  a  floating  bridge  may  be  stretched  across  it  for 
a  towing  path.  But  it  is  believed,  from  the  examinations  and 
levels  heretofore  made  between  this  creek  and  the  Hudson  riser, 
that  it  would  be  the  better  mode  to  cross  the  creek  on  an  aqueduct 
bridge,  in  order  to  keep  up  the  line  of  level,  with  a  view  of  pass- 
ing the  more  easily  two  slaty  ridges,  four  or  five  miles  below 
Schenectady,  near  Alexander's  mills.  Should  this  plan  be 
adopted,  the  bed  of  the  creek,  which  is  nbonf  400  feet  wide  3 

34 


266 


Canal  laws,  &c. 


1817.    should  be  increased  to  a  width  of  700  feet,  so  as  to  give  the  water 
-v— '  an  unobstructed  passage  under  the  aqueduct.    This  aqueduct 
may  be  composed  of  wood,  supported  by  two  abutments  and  six- 
teen piers  of  stone,  each  of  which  piers  would  occupy  about  10 
feet  of  the  width  of  the  stream. 
From  Scho-    The  commissioners  have  not  been  able  to  procure  a  level  and 

HaTsonrrTver!°survey  to  be  made  from  tne  Schoharie  creek  to  the  Hudson. 

They  had  in  their  employ,  four  engineers  on  other  parts  of  the 
line  of  the  western  canal,  and  one  on  the  northern,  neither  of 
whom  had  time  to  level  and  survey  that  part  of  the  line  above 
mentioned  ;  nor  could  they  find  a  sixth  engineer,  who  would  un- 
dertake to  finish  the  Mohawk  route.  But  although  they  are 
prevented  from  submitting  to  the  legislature  a  report  of  this 
part  of  the  line,  with  all  that  minuteness  of  detail  which  is  ex- 
hibited in  relation  to  other  parts,  yet  they  possess  information, 
which,  for  all  general  purposes,  is  equally  satisfactory.  This 
part  of  the  line  was  formerly  examined  by  Mr.  Weston,  an  Eng- 
lish engineer,  and  pronounced  to  be  practicable  without  a  very 
serious  expense.  It  has  also  been  heretofore  twice  levelled  and 
surveyed,  by  Mr.  Benjamin  Wright,  in  various  ways,  with  the 
same  result.  The  commissioners,  therefore,  confidently  state, 
that  the  navigation  may  be  continued  from  the  Schoharie  creek 
to  the  Hudson  by  a  canal  along  the  valley  of  the  Mohawk. 
From  the  examinations  of  Mr.  Weston  and  Mr.  Wright, 
Mj\  Wright  above  mentioned,  as  well  as  from  the  personal  knowledge  of  the 

Ws  eimina-  commissioners,  it  is  believed  that  the  canal,  from  the  aqueduct 
last  mentioned,  ought  to  be  continued  down  along  the  south  side 
of  the  Mohawk  to  Lansing's  mills,  which  are  situated  a  short 
distance  above  the  Cohoes.  From  this  point  the  canal  may 
leave  the  Mohawk,  and  be  directed  towards  the  Hudson ,  which 
it  will  approach  opposite  the  village  of  Lansingburgh,  and  it 
may  thence  be  continued  along  the  valley  of  the  Hudson,  at  a 
proper  distance  from  its  margin,  until  it  reaches  the  city  of  Al- 
bany, where  it  is  to  be  connected  with  the  river. 

This  location  of  the  canal  will  afford  to  the  village  of  Water- 

hrcierl  Albany  ^or^  an  opportunity  of  enjoying  its  benefits,  by  the  construction 

and  Troy.  Gf  a  s\$e  cu^  to  De  connected  with  the  main  canal  above  the  Co- 
hoes. The  village  of  Lansingburgh  and  the  city  of  Troy,  may 
also,  by  lateral  canals,  participate  in  its  advantages ;  and  thus 
tTte  cities  of  Albany  and  Troy,  and  the  villages  of  Lansing- 


CANAL  LAWS,  kc.  Wl 

burgh  and  Waterford,  may  be  placed  on  grounds  of  fair  com-  1817. 
petition,  not  less  advantageous  to  the  growth  of  those  cities  anc^V^T^^' 
villages,  than  beneficial  to  the  general  interests  of  trade,  and  thetion. 
prosperity  of  the  state. 

This  route,  from  Schoharie  creek  to  the  city  of  Albany,  will 
comprehend  a  distance  of  42  miles.  It  is  proposed  to  give  the 
canal  on  this  route  a  fall  of  one  inch  in  a  mile.  The  whole  de- 
scent in  this  route  will  be  2S6  feet. 

The  expense,  by  a  liberal  calculation,  may  be  estimated  as 
follows :  Expenses. 
For  283  feet  lockage,  at  $1,250  $353,750 
3  aqueducts  over  small  streams,  at  $5,000  15,000 
1  road  aqueduct,  3,000 
aqueduct  over  Schoharie  creek,  30,000 

24  bridges,  at  $500,  12,000 

25  culverts,  at  $200,  5,000 
excavation,  embankment,  puddling,  towing  path 

and  grubbing  42  miles,  at  $14,000,  588,000 
contingencies  add  5  per  cent.  50,337 
engineers,  superintendence  and  expenses  connect- 
ed therewith,  49,000 


The  aggregate  amount  is,  $1 ,106,08' 


There  are  certain  items  of  expense  applicable  to  all  the  sections 
of  the  canal,  and  not  heretofore  enumerated,  of  which  the 
amount  cannot  be  very  precisely  calculated.  The  items  alluded 
to,  here  follow,  with  such  estimates  as  it  is  believed  will  not  be 
found  unreasonable,  to  wit : 

For  utensils,  such  as  carts,  ploughs,  scrapers,  wheel-barrows, 
iron  bars,  pick-axes,  shovels,  chains,  &.c.  $40,000 
temporary  work-shops  for  carpenters,  smiths, 

stone-cutters,  and  for  lime  houses,  5,000 
dwelling  houses  for  clerks  and  lock  keepers,  10,000 
barracks  for  the  workmen,  20,000 


ling  the  aggregate  of  these  general  expenses. 


$75,000 


CANAL  LAWS,  kc. 


1817. 

i  v, — j  RECAPITULATION. 

Recapitulation.  OF  EXPENSES. 

From  Lake  Erie  to  a  point  1 1  miles  up  the  Tonne- 

wanta,  $250,877 

Toiinewanta  to  the  Seneca  river,  1,550,985 

Seneca  river  to  Rome,  853,186 

Rome  to  the  Schoharie  creek,  1 .090,603 

Schoharie  creek  to  Albany,  1,106,087 

Add  for  general  expenses,  75,000 


In  the  aggregate,  $4,881,738 

But,  if  the  route  south  of  the  Mountain  ridge,  in 
the  country  west  of  the  Genesee  river,  is  adopted,  in 
preference  to  the  northern  route,  then  deducting  $309,925 


The  aggregate  of  expense  will  be  $4,571,813 
OF  DISTANCES. 

Mites.  Chains. 

From  Lake  Erie  to  the  point  up  the  Tonnewanta,  27 

Tonnewanta  to  Seneca  river,  136  2  1-2 
Seneca  river  to  Rome,  77 
Rome  to  Schoharie  creek,  71  27 

Schoharie  creek  to  Albany,  42 


The  aggregate  distance  is  353  29  1-2 

OF  RISE  AND  FALL. 

From  Lake  Erie  to  Seneca  river,  a  fall  of  194     ft.  by  25  locks, 

Seneca  river  to  Rome,  a  rise  of      48.50  6 

Rome  to  Schoharie  creek,  afall  of  132.85  16 
Schoharie  creek  to  Albany,  a  fall 

of                                        2S6  30 


The  aggregate  of  rise  and  fall  in  feet  is  661.35   by   77  locks. 

Lake  Erie  is  564.85  feet  higher  than  the  Hudson,  and  145J-2 
feet  higher  than  Rome.  - 

The  average  expense  per  mile,  of  this  canal,  according  to  the 
foregoing  estimates,  taking  the  north  route  beyond  the  Genesee 
fiver,  is  little  more  than  $13,800 


CANAL  LAWS,  be. 


269 


With  respect  to  that  part  of  their  duty,  which  relates  to  loans     1  SI 7. 

on  the  credit  of  the  state,  the  commissioners  have  to  state,  thatv  y  4 

at  an  early  day,  they  addressed  a  letter  on  this  subject  to  Wil-  Loaus» &c- 
liam  Bayard,  of  the  city  of  New-York,  and  that  lie  has  taken 
measures  to  ascertain  whether  a  loan  can  he  procured  in  Europe, 
but  has  not  yet  had  time  to  learn  whether  his  measures  have  been 
successful.  The  commissioners  entertain  no  doubt  but  as  much 
money  can  be  obtained  in  this  country,  as  may  be  required  for 
the  canal,  on  the  credit  of  the  state,  at  an  interest  of  6  per  cent, 
by  the  creation  of  a  funded  debt,  and,  that  ample  funds  maybe 
appropriated  for  the  payment  of  the  interest,  and  the  gradual 
extinguishment  of  the  debt,  without  the  imposition  of  taxes. 

The  commissioners  have  also  attended  to  that  requisition  ot  Subscriptions 
the  act  respecting  subscriptions  and  donations.  They  have  ap-anU  d°n^1(^. 
plied  to  the  United  States,  and  to  the  states  of  Vermont,  Ken- 
tucky and  Ohio,  as  having  a  common  interest  with  New-York  in 
the  contemplated  canals,  and  where  they  feel  persuaded  that  a 
favorable  disposition  exists.  The  letter  to  the  members  of  Con- 
gress from  this  state,  will  shew  the  view  which  the  commissioners 
have  taken  of  the  fund  contemplated  by  congress  for  internal 
improvements.  But  if  no  extraneous  aid  should  be  afforded,  it 
will  at  all  times  be  in  the  power  of  this  state  to  levy  high  transit 
duties  on  the  articles  transported  to  and  from  those  states  and 
the  territories  of  the  United  States,  and  thereby  secure,  eventu- 
ally, a  greater  fund  than  can  possibly  arise  from  any  present 
contributions  from  those  quarters.  It  is  to  be  hoped,  however, 
that  the  necessity  of  this  measure  may  be  superseded  by  a  cor- 
dial and  liberal^  co-operation.  But  it  cannot  reasonably  be  ex- 
pected, that  the  efforts  of  one  state  are  solely  and  gratuitously  to 
produce  an  expensive  and  stupendous  work,  intimately  identified 
with  the  interests  of  many,  and  directly  or  indirectly  connected 
with  the  prosperity  of  all. 

The  commissioners  appointed  agents  to  receive  subscriptions 
in  this  state,  and  they  also  prepared  and  distributed  forms  of  ces- 
sions of  land  and  donations  in  money;  one  form  relates  to  gra- 
tuitous grants  of  land  for  the  ground  through  w  hich  the  canal 
will  pass,  and  the  other  is  a  contribution  to  the  fund  for  making 
it.  Agents  have  also  been  appointed  in  Vermont  and  Ohio  for 
the  same  purpose. 

There  is  reason  to  believe,  from  the  cessions  already  made,  and 


CANAL  LAWS,  kc. 


1817.  the  favorable  disposition  manifested,  on  this  occasion,  that  the 
u-.-^—^  land  occupied  by  the  canal,  will,  generally  speaking,  be  granted 
gratuitously.  Some  donations  in  land  have  been  made,  and 
more  are  expected  ;  and  many  circumstances  concur  in  promis- 
ing that  a  munificent  spirit  will  be  evinced  as  soon  as  the  state 
undertakes  this  great  project. 

The  Commissioners  have  thus,  agreeably  to  the  duties  requir- 
ed of  them,  confined  themselves  to  a  plain  statement  of  facts, 
and  it  is  not  their  intention  to  deviate  from  the  prescribed  course. 
Their  investigations  have  shewn  the  physical  facility  of  this  great 
internal  communication,  and  a  little  attention  to  the  resources  of 
the  state  will  demonstrate  its  financial  practicability.  And  they 
may  be  permitted  to  remark,  that  unless  it  is  established,  the 
greater  part  of  the  trade,  which  does  not  descend  the  Mississippi, 
from  all  those  vast  and  fertile  regions  west  of  the  Seneca  lake, 
will  be  lost  to  the  United  States. 

All  which  is  respectfully  submitted, 

DE  WITT  CLINTON, 
S.  VAN  RENSSELAER, 
SAMUEL  YOUNG, 
MYRON  HOLLEY. 

Albany,  February  15,  1817. 

POSTSCRIPT. 

Mr.  Ellicott,  one  of  the  Commissioners^  not  being  able  to  at- 
tend the  meeting  of  the  board,  was  not  consulted  on  the  details 
of  this  report ;  but  he  approves  its  general  principles. 

The  engineer  employed  on  the  northern  canal,  not  having  yet 
completed  his  returns,  the  Commissioners  will  make  it  the  subject 
of  another  communication,  with  which  they  will  connect  their 
application  to  Congress  and  to  some  of  the  states — their  corres- 
pondence— and  various  other  documents  connected  with  their 
duties,  not  herewith  presented. 
Thereupon, 

On  motion  of  Mr.  Ford — 
Mr.  Ford's      Resolved,  (if  the  honorable  the  Senate  concur  herein)  that  the 
otion.        report  of  the  commissioners  constituted  by  the  act,  entitled  "  an 
act  to  provide  for  the  improvement  of  the  internal  navigation  of  this 
state"  be  referred  to  a  joint  committee  of  the  Senate  and 
Assembly. 


CANAL  LAWS,  &x. 


Ordered,  (in  case  of  such  concurrence)  That  Mr.  Ford,  Mr.  Pen-     1S1 7. 
dleton,  Mr.  Child,  Mr.  Eckford  and  Mr.  Wilcoxson,  be  of  the 
said  committee  on  the  part  of  this  house. 

Mr.  Olmstead  made  a  motion,  that  the  house  should  agree  to 8te«S»»  moSi 
direct  the  printer  to  this  state  to  print  two  thousand  copies  of  the 
said  report. 

Debates  were  had  upon  the  said  motion,  and  the  question  hav- 
ing been  put,  whether  the  house  would  agree  thereto,  it  passed 
in  the  negative. 

The  ayes  and  noes  beincr  called  for  by  Mr.  Ostrander,  second-  _ 

i  ,     Hi     tt.  /-II  •  Division, 

cd  by  Mr.  \  ictory,  were  as  follows,  to  wit : 


For  the  Negative. 


iur.  ./YUjeii, 

iur.  jLjesici , 

i>ir.  /\iieii, 

Mr  TM'Fnrlrlpn 

i>ir.  iu  r  duueij. 

Mr.  Rarstow, 

IVTr  "Mann. 

IMr  Rppkwitli 

Mr    A  MilW 

Mr.  RurhnrK 

-iVAl.       1^1.11  i  1  till  « 

]\Tr  n  iMillpi- 

Alt*      I    imnKol  1 
ItIi.  VytlllipUCll, 

iur.  luoti, 

Air  f!intinp 
-•11.    V_/u.llU.Ilc,  , 

iur.  v/siranuei . 

IMr  Pnrll 

Mr.  Paine, 

iMr.  Carpenter, 

Mr.  Palmer, 

Mr.  Concklin, 

IMr.  Parsons, 

Mr.  Corson, 

-Air.  Romaine, 

Mr.  Crolius, 

Mr.  Roseburgh, 

Mr.  Day, 

Air.  Rosecreant  s, 

Mr.  Doty, 

Mr.  Russell, 

Mr.  Eckford, 

Mr.  Sharpe, 

IMr.  Eldridge, 

Mr.  Sherman, 

Mr.  Emott, 

Mr.  E.  S  mi  tit, 

Mr.  Fonda, 

Mr.  S.  A.  Smith, 

Mr.  Gale, 

IMr.  Squire, 

Mr.  B.  Green, 

Mr.  Stebbins, 

Mr.  Gros, 

Mr.  Tabor, 

Mr.  Hallock, 

Mr.  Thompson, 

Mr.  Hilton, 

Mr.  Townscnd. 

Mr.  Houghtaling, 

Mr.  Turner, 

Mr.  Jackson, 

Mr.  Wakely, 

Mr.  Jones, 

.Mr.  Webb,' 

Mr.  Kissam. 

Mr.  Webster 

CANAL  LAWS,  Sec, 


1817. 


ml . 

Mr 

J.  Whitiu  \ , 

Mr 
I'll  • 

T  .00 

J-JCL, 

Mr 
mi  • 

V  v  11c  r\n 
Vt  UbUU, 

JPor 

the  Affirmative. 

Mr. 

Ambler, 

Mr. 

Irving, 

Mr. 

Barber, 

Mr. 

Marsh, 

Mr. 

Barnes, 

Mr. 

Maynard, 

Mr. 

Beach, 

Mr. 

Miles, 

Mr. 

Bowen, 

Mr. 

J.  Miller, 

Mr. 

Brown, 

Mr. 

Mooers, 

Mr. 

Callender, 

Mr. 

Olmstead, 

Mr. 

Camp, 

Mr. 

Peek, 

Mr. 

Child, 

Mr. 

Pettit, 

Mr. 

Cook, 

Mr. 

Pitcher, 

Mr. 

Cuck, 

Mr. 

Piatt, 

Mr. 

Faulkner, 

Mr. 

Prendergast. 

Mr. 

Finch, 

Mr. 

Rochester, 

Mr. 

Ford, 

Mr. 

Sears, 

Mr 

ItI  hoc  o^/Anpf 
VJ tlllscVUUl  I, 

Mr 
mi . 

1.    O 1111 11 J, 

Mr. 

A.  Green, 

Mr. 

R.  Smith, 

Mr. 

Hammond, 

Mr. 

Warner, 

Mr. 

Hawley, 

Mr. 

WTells, 

Mr. 

Hedges, 

Mr. 

White, 

Mr. 

Hubbard, 

Ordered, 

That  the  usual  number  of  copies  of  the  said 

59 


39 


be  printed  for  the  use  of  the  legislature. 


XV. 
REPORT 

Of  Joint  Committee  of  Canals,  on  the  Report  of  the  Commit 

sioners. 

In  Assembly,  March  18, 1817. 

Report  of  joint 

Mr.  Ford,  from  the  joint  committee  of  the  Senate  and  Assem- 
bly on  the  subject  of  Canals,  to  whom  were  referred  the  report 
of  the  commissioners  appointed  in  the  act  for  the  improvement 
of  the  internal  navigation  of  this  state,  with  the  documents  there- 
unto annexed,  and  the  minutes,  draughts,  maps  and  profiles  of 
the  engineers  employed  by  the  said  commissioners,  relating  to 


committee. 


CANAL  LAWS,  &c.  in 

the  contemplated  canals  from  Lake  Erie  to  the  Hudson,  and  from     1  SI  7. 
Lake  Champlain  to  the  same,  reported —  v**pv,w 

That  they  have  applied  their  best  faculties  to  the  investigation 
of  the  important  subjects  submitted  to  them  ;  and  the  result  has 
been  a  settled  conviction,  that  the  highest  interests  of  this  state 
require,  of  the  Legislature,  the  adoption  of  suitable  measures  for 
the  immediate  commencement  of  these  canals. 

The  minute  and  copious  detail  of  facts,  stated  by  the  com- 
missioners, in  relation  to  the  length,  direction,  location  and  di- 
mensions of  these  canals — the  difficulties  and  facilities  occurring 
throughout  the  course  of  each,  and  the  manner  of  construction 
recommended  for  the  various  works  necessary  to  their  completion, 
appear  to  your  committee  to  be  very  satisfactory.  In  estimating 
the  expense  of  these  great  undertakings,  it  was  not  to  be  suppo- 
sed that  no  errors  would  be  committed  ;  and  it  is  probable  that 
for  some  items,  the  estimates  will,  in  the  application  of  them  to 
practice,  be  found  too  low,  and  for  others  too  high.  The  ag- 
gregate amount  of  these  estimates,  however,  as  well  as  many  par- 
ticulars which  compose  it,  seem  to  be  well  warranted,  by  the 
different  data  appended  to  the  report  of  the  commissioners.  And 
the  committee  have  observed  with  great  pleasure,  that  the  bene- 
fits of  actual  experiment,  in  regard  to  most  of  the  expenses  inci- 
dental to  the  construction  of  canals,  is  far  more  extensively  fur- 
nished by  our  own  country  than  is  generally  imagined. 

If  then,  it  is  rationally  established,  that  the  expenses  of  the  suppo«e<!  ex- 
western  canal  will  not  differ  materially  from  five  millions,  and  f?'000'* 

'  000  dollars. 

those  of  the  northern  canal  from  one  million  of  dollars,  it  is  best 
for  the  state  of  New-York  immediately  to  engage,  in  the  accom- 
plishment of  these  measures  ? 

This  state  is  favorably  situated  for  the  encouragement  of  every 
public  interest.  It  contains  inexhaustible  quantities  of  salt,  gyp-  ation the 
>uin  and  iron  ore,  with  a  great  variety  of  other  valuable  materials  country' 
for  manufacturing  establishments.  The  thirty  million  acres  of 
its  territory  offer  to  agricultural  industry  no  uncertain  or  penuri- 
ous reward.  An  unrivalled  river  navigation  for  more  than  one 
hundred  and  sixty  miles,  terminating  on  the  sea  board,  at  a  port 
which  is  capacious,  healthy  and  easy  of  access  ;  its  interior  boun- 
dary line  passing  for  more  than  half  its  length  through  the  wu- 
jters  of  Erie.  Ontario,  and  Champlain.  and  the  numerous  navt|?i- 


274 


CANAL  LAWS,  fcc. 


1817.    ble  lakes  included  within  its  limits,  afford  to  its  citizens  the  most 
v—— * '  decided  commercial  advantages. 

In  such  circumstances,  its  prosperity  is  not  surprising.  It  was 
to  be  expected,  that  under  the  direction  of  prudence  and  patriot- 
ism, its  wealth,  population  and  security  would  be  rapidly  advan- 
ced. And  this  advance,  which  is  every  where  observable,  is  not 
the  less  gratifying  because  it  was  natural  and  probable.  It  is, 
on  that  account,  more  likely  to  be  permanent.  But  has  it  not 
nearly  reached  its  maximum,  with  respect  to  the  southern  and 
middle  districts,  unless  some  new  means  of  aiding  it  are  speedily 
discovered  and  applied  ?  Considerable  portions  of  these  districts 
are  now  almost  replete  with  inhabitants,  who  by  their  industry 
and  enterprise,  have  taken  possession,  and  made  the  most  of, 
nearly  all  the  bounties  which  nature  has  spread  out  before  them* 
And,  beyond  the  slow  progression  of  improvement  to  be  produ- 
ced by  the  invention  of  happier  methods  of  applying  labor,  and 
the  more  perfect  division  of  mechanical  occupations,  what  will 
enlarge  the  borders  of  their  cities  and  villages  hereafter  f 

As  the  eastern  and  western  districts  have  increased  in  numbers 
aad  opulence,  they  have  loaded  the  Hudson  with  their  surplus 
produce,  and  the  merchandize  for  which  they  have  exchanged  it ; 
and  this  trade  has  been  the  chief  aliment  of  all  the  increase  which 
has  latterly  been  exhibited  at  the  mouth  and  along  the  banks  of 
that  river.  But  the  remote  sections  pf  these  districts  are  conti- 
guous to  the  territory  of  a  foreign  power,  and  are  washed  by 
navigable  waters,  which  flow  into  the  ocean  through  that  terri- 
tory. It  is  for  the  interest,  and  will  therefore  be  the  policy  of 
that  power,  to  invite  commercial  intercourse  with  those  sections. 
Facilitated  by  the  course  of  their  streams,  and  the  declivity  of 
their  country,  our  citizens  have  already  extensively  engaged  in 
this  intercourse.  And,  if  nothing  is  done  to  divert  them  from  it, 
it  is  easy  to  foresee,  that  it  will  become  permanent,  and  soon  em- 
brace within  the  number  of  its  agents,  all  those  who  live  beyond 
the  high  lands,  in  which  our  rivers  running  to  the  north  originate ; 
including  the  most  fertile  part  of  the  state,  which  is  hastening  also 
to  become  the  most  populous. 

Our  eastern  and  western  districts  having  been  settled  from  the 
south  and  the  east,  roads  from  these  points  were,  of  course,  first 
opened.    These  roads  were  extended  and  improved  with  the  dif-  I 

fusion  and  age  of  the  new  settlements.    And  as  they  were,  for 


CANAL  LAWS, 


Kveral  years,  better,  in  proportion  to  their  proximity  to  the  Hud-  1817. 
son,  this  circumstance,  added  to  the  ties  of  acquaintance,  friend-  v  v 
■hip  and  consanguinity,  retained  the  settlers,  for  a  long  time  and 
universally,  in  a  business-connexion  with  our  own  cities.  Bat 
these  roads  are  now  carried  through  to  the  farthest  borders  of  the 
state  ;  and  on  the  margin  of  the  waters  where  they  terminate,  a 
dense,  active  arid  intelligent  population  is  collected.  Stimulated 
by  the  energetic  impulse  of  private  emolument,  these  people  are 
making  new  roads  and  improving  the  old,  erecting  store-houses 
and  wharves,  building  vessels  of  every  description  calculated  to 
facilitate  transportation,  and  at  various  places  extending  into  the 
country,  by  artificial  constructions  and  the  improvement  of  natu- 
ral streams,  navigable  communications  with  the  northern  waters. 
The  enterprising  spirit  of  these  people  is  laudable.    It  has  here- 
tofore added  to  the  wealth  of  the  state,  while  it  has  enriched  thenv 
selves.    And  unless  it  is  directed  into  new  channels,  it  will  here- 
after lavish  the  productions  of  our  soil,  to  the  amount  of  several 
millions  a  year,  upon  our  northern  neighbors.    This  unwelcome 
result,  it  appears  to  the  committee,  that  the  present  state  of  things 
is  rapidly  maturing ;  and  to  render  it  still  more  inaspicious,  it  will 
inevitably  produce  the  effect,  of  sending  to  a  permanent  foreign 
residence,  many  of  our  most  useful  citizens. 

Shall  we  look  on  with  unconcern,  and  see  so  large  a  portion  of  The  qneflioa 
the  means,  within  our  power,  of  conferring  a  perpetually  in-  Presenwci' 
creasing  strength  and  respectability  upon  our  body  politic,  forev- 
er averted  ?  Or  shall  we  adopt  an  easy,  an  obvious,  an  effectual 
method  of  reclaiming  for  ourselves  and  our  posterity,  to  the  re- 
motest generations,  all  these  means,  amplified  into  their  fullest 
proportions,  by  a  warmer  patronage  than  the  froien  outlet  of  the 
St.  Lawrence  can  ever  afford  ? 

The  decision  of  this  question  is  now  emphatically  devolved 
upon  the  state.  It  is  a  question,  in  which  the  interests  of  every 
district,  county  and  town,  are  deeply  implicated.  There  are 
places,  indeed,  which  will  enjoy,  more  immediately,  and  in  a 
hijiher  degree,  the  incalculable  advantages  of  these  canals  ;  but 
these  advantages  will  most  assuredly,  and  in  no  parsimonious 
measure,  reach  and  enrich  every  part  of  the  state. 

It  hns  been  observed,  by  a  perspicacious  statesman  of  our  d 
country,  that  "  in  proportion  as  the  mind  is  accustomed  to  trace8  F6*1 
the  intimate  connexion  of  interest  which  subsists  between  all  the 
parts  of  a  society  united  under  the  same  government;  tire  infip- 


6ANAL  LAWS,  fcc\ 


181T.  ite  Variety  of  channels  which  serve  to  circulate  the  prosperity  of 
— "'each  to  and  through  the  rest ;  in  that  proportion  will  it  be  unapt 
to  be  disturbed  by  solicitudes  and  apprehensions  which  originate 
in  local  discriminations.  It  is  a  truth  as  important  as  it  is 
agreeable,  and  one  to  which  it  is  not  easy  to  imagine  exceptions, 
that  every  thing  tending  to  establish  substantial  and  permanent 
order  in  the  affairs  of  a  country  ;  to  increase  the  total  mass  of 
industry  and  opulence,  is  ultimately  beneficial  to  every  part  of 
it.  On  the  credit  of  this  great  truth,  an  acquiescence  may  safely 
be  accorded,  from  every  quarter,  to  all  institutions  and  arrange- 
ments, which  promise  a  confirmation  of  public  order  and  an  aug- 
mentation of  public  resource. " 

Your  committee  believe,  that  navigable  canals,  connecting  the 
Hudson  with  lake  Erie  and  with  lake  Champlain,  would,  from 
the  moment  of  their  completion,  make  it  cheaper  for  nearly  all 
of  our  northern  and  western  citizens  to  find  a  market  down  these 
canals,  than  in  any  other  direction  ;  and  they  would  certainly 
afford  the  safest  possible  transportation. 
Effect  of  nav.     But,  besides  calling  back  to  our  own  market  a  large  amount 
on  ^o^/ mar-  of  the  productions  of  our  own  soil,  which  are  now  alienated  from 
Vemonff Can-  tnem>  tne  construction  of  these  canals  would  draw  into  our  limits 
stfa,  &c.       the  trade  of  the  western  parts  of  Vermont,  of  a  considerable  re- 
gion in  Upper  Canada,  and  of  the  northern  half  of  all  that  por- 
tion of  the  United  States,  which  lies  west  of  the  Allegany  moun- 
tains.   The  future  extent  of  this  trade,  it  would  be  difficult  to 
calculate.   It  must  be  immense.   The  country  south  of  the  great 
lakes  alone,  from  which  it  will  flow,  includes  as  many  acres  as 
make  up  the  territory  of  some  of  the  most  powerful  nations  of 
Europe,  and  is  the  most  fertile  part  of  the  globe.    That  country 
already  contains  nearly  a  million  of  souls,  and  is  increasing  with  a 
rapidity  of  population  known  only  on  this  side  of  the  Atlantic. 
?Dc*ea?e  of     The  increase  of  the  people  of  New-England,  for  the  last  twen* 

S?g«5oSand  years>  nas  been  at  tne  rate  SiX  Per  cent-  annually  ;  and  the 
surplus  thousands  of  this  increase  are  continually  seeking  new 
settlements  in  the  west.  A  similar  climate  to  that  in  which  they 
have  been  bred — a  luxuriant  soil  and  advantages  for  navigation, 
which  are  never  lightly  esteemed  by  a  trading  people,  induce 
these  thousands,  for  the  most  part,  to  take  up  their  abode  within 
two  or  three  degrees  of  latitude  south  of  the  lakes.  There  they 
are  joined  by  a  numerous  emigration  from  the  middle  and  south- 
ern states,  who,  together  with  them,  multiply  and  thrive  in  exact 


CANAL  LAWS,  fcc 


27  r 


proportion  to  the  means  of  subsistence,  which  their  common     lb  IT. 
industry  produces.    It  is  in  our  power  to  open,  to  that  country,  a  v      v  * 
cheaper,  safer,  and  more  expeditious  road  to  our  market  towns, 
than  they  can  possibly  enjoy  to  any  other.    Shall  it  be  done? 

The  expense  of  transportation  from  Buffalo  to  Montreal,  is  Transporta- 
$30  a  ton;  and  the  returning  transportation  is  from  $60  to  tnfilJ^. 
a  ton.  The  passage  of  lake  Ontario  and  the  St.  Lawrence,  is  al,  &c. 
shown  to  be  dangerous,  by  the  fact,  that  many  vessels  and  lives 
are  yearly  lost  upon  them.  And  this  passage,  though  at  di Herein 
times  of  very  unequal  duration,  is  on  an  average  longer  than 
one  would  be  from  Buflalo,  through  a  canal  and  the  Hudson,  to 
New-York.  The  expense  of  transportation  from  New-York  to 
Buffalo,  is  about  §100  a  to:i ;  and  the  ordinary  length  of  the 
passage  is  about  20  days.  In  the  present  state  of  things,  to  all 
the  trade  of  the  west,  the  evils  attending  the  more  tedious  and 
expensive  route  to  New-York,  are  not  counterbalanced  by  the 
benefits  of  a  superior  capital  and  a  more  open  port,  which  that 
city  enjoys  over  Montreal.  Make  the  western  canal,  and  it 
would  at  once  and  for  ever  control  that  trade  ;  for  it  would  offer 
a  transportation  from  lake  Erie  to  New-York,  including  the  impo- 
sition of  reasonable  tolls,  at  a  rate  of  from  $10  to  $12  a  ton. 

Those,  whom  business  and  curiosity  have  led  to  consider 
what  is  the  amount  of  monies  now  actually  paid  for  transporta- 
tion by  our  citizens,  will  best  understand  how  to  appreciate  the 
>aving  produced  by  so  great  a  reduction  of  its  price.  It  is  be- 
lieved, by  intelligent  gentlemen,  that  the  merchants  of  our  state, 
living  in  Oneida  and  the  counties  west,  pay  annually,  for  trans- 
portation, notkss  than  one  million  of  dollars.  And  this  belief now^p^d^r 
is  strengthened  by  what  is  known  in  relation  to  the  sums  paid,  ^n"portat,0°*' 
by  the  merchants  of  Pittsburgh,  for  waggonag^,  from  Philadel- 
phia and  Baltimore,  to  that  place.  In  the  year  1815,  the 
amount  of  this  kind  of  disbursement,  was  found  to  be,  in  the 
month  of  July.  $103,000 ;  in  the  month  of  August,  $112,000  ; 
ind  in  the  first  fourteen  days  of  September,  $83,000.  This 
saving,  it  must  be  confessed,  would  be  of  vast  importance. 

By  making  the  northern  canal,  a  saving  would  be  insured,  of  Savins  pro. 
Tiuch  less  amount,  indeed;  but,  considering  the  cumbrous  and  ^med  by  c»- 
J    leavy  articles,  which  must  always  constitute  the  chief  subjects  of 
1  ■  rade,  from  the  neighborhood  of  lake  Champlain,  and  the  difficulty 
Jk  K>f  removing  them  upon  the  present  roads,  the  expense  of  trans- 
location would  be  reduced  in  almost  as  great  a  proportion. 


CANAL  LAWS,  &< 


1817,  In  discusbing  the  expediency  of  opening  these  canals,  it  should 
X^u^orTofnever  ^e  f°r60tten>  tnat  tne  question  is,  whether  we  will,  by 

expediency,    taking  measures  completely  within  our  power,  and  not  burthen- 
considered.  .  .  ... 

some,  secure  to  our  own  country  incalculable  wealth,  or  will,  by 

neglecting  such  measures,  bestow  that  wealth,  with  all  its  advan- 
tages, upon  a  foreign  nation. 

To  those  of  our  citizens,  who  live  on  the  great  parallel  roads, 
which  traverse  the  state  east  and  west,  it  is  important  to  consider, 
not  whether  the  canal,  from  lake  Erie  to  the  Hudson,  will  be 
more  travelled  than  either  of  those  roads,  but  whether  this  travel 
shall  pass  through  the  heart  of  the  state,  giving  additional  activ- 
ity to  every  species  of  profitable  labor ;  by  dispensing  to  it  a 
golden  reward  ;  or  whether  it  shall  be  diverted  entirely  beyond 
their  reach,  and  pass  down  the  waters  of  the  St.  Lawrence  and 
the  Mississippi.  And  they  should  remember,  that  whatever  in- 
creases papulation,  capital  and  commerce,  in  their  vicinity,  en- 
larges the  sum  of  materials  out  of  which  their  individual  fortunes 
are  to  grow.  The  same  considerations  will  apply,  with  greater 
or  less  force,  to  every  portion  of  our  people. 

It  will  not  be  denied  that  the  construction  of  these  canals  will 
induce  the  transportation  into  the  state,  of  an  immense  amount  of 
interior  productions,  and  of  foreign  goods.  Will  these  come  in- 
to the  state,  and  depart  from  it,  without  leaving  any  traces  of 
their  having  been  among  us  ?  Or  will  they  swell  the  comforts  oi 
our  country  towns,  and  make  our  villages  and  cities  exhibit,  up- 
on a  larger  scale,  the  improvements  and  the  magnificence  of  a 
prosperous  community  ? 
Conclusion  uy>  From  the  foregoing  observations,  it  will  be  perceived  that 
your  committee  are  of  opinion,  that  these  canals  would  be  benefi- 
cial to  every  section  of  the  state.  They  would  eventually  make  N. 
York  the  greatest  commercial  emporium  in  the  world  ;  and  the 
greatness  of  the  commerce  of  that  city,  would,  in  a  variety  oi 
ways,  promote  the  interests  of  the  southern  district.  Every  ad- 
dition to  its  inhabitants,  would  add  to  its  demand,  for  all  the  nu- 
merous articles,  which  only  its  immediate  neighborhood  can  sup- 
ply ;  and  every  augmentation  of  its  wealth,  would  send  out,  m 
greater  numbers,  its  rich  citizens,  to  patronize  the  industry,  and 
to  cultivate,  improve  and  embellish  the  face  of  the  earth,  in  thf 
adjacent  country.  Experience  shows,  in  all  the  rich  cities  of  Eu 
rope,  that  as  the  means  of  communication  with  the  interior  an 


CANAL  LAWS,  &c. 


219 


rendered  easier,  better  and  more  extensive  from  those  cities,  the  1817. 

value  of  property  has  uniformly  increased  in  their  vicinity.    Itv  v  ' 

must  necessarily  result,  from  establishing  great  affluence  in  any 
place,  that  the  ordinary  channels  of  wealth,  which  are  open  near- 
est to  that  place,  will  first  be  filled. 

These  canals  would  promote  the  interests  of  the  middle  district,  Particular  beo» 
by  furnishing  it  with  gypsum,  salt,  iron,  lumber  and  fuel,  in  ma- 
ny place?  cheaper  than  they  can  otherwise  be  obtained,  and  by 
increasing  the  markets  for  all  its  surplus  productions. 

They  would  speedily  give  a  new  and  more  prosperous  aspect 
to  the  business  of  our  northern  counties,  by  opening,  to  a  more 
profitable  and  growing  demand,  their  extensive  forests,  abound- 
ing with  all  the  usual  kinds  of  lumber  and  building  timber,  and 
their  inexhaustible  mines  of  iron  ore ;  and  by  facilitating  the 
transportation  to  and  from  their  markets,  in  such  a  manner  as  to 
give  an  additional  value  to  all  their  other  exports,  and  a  reduced 
price  to  all  their  imports. 

To  the  western  district,  the  importance  of  these  canals  is  too 
well  known,  and  too  generally  admitted  to  need  elucidation  here. 

It  may  be  proper,  in  this  place,  to  notice  an  objection  some- 
times made  against  making  these  canals,  arising  from  the  high 
price  of  labor  in  our  country.  The  foundation  of  this  objection 
a  ill  probably  long  remain.  But  can  the  objection  itself  have 
iny  weight  ?  Is  it  not  apparent,  that  if  the  price  of  labor  is  high 
imong  us,  it  applies  as  well  to  the  prodigious  annual  expense 
vhich  would  be  saved  in  transportation  by  the  canals,  as  to  the 
'ost  of  their  construction  ? 

The  consideration  which  the  committee  have  given  to  these  Effect  on  the 
^reat  improvements,  has  impressed  them  with  a  conviction,  that  estate.  °f 
rom  the  moment  when  the  legislature  shall  deliberately  determine 
o  undertake  them,  the  real  property  of  the  state  will  rise  in  value, 
i>ter  than  the  amount  of  disbursements  necessary  to  their  perfect 
ompletion.    They  ought  certainly  to  be  made. 

But  does  good  policy  require,  that  they  should  immediately  Shall  the  work 
e  commenced  ?  The  benefits  they  will  insure  are  now  exteusive- 
V  understood  ;  and  the  evils  which  they  will  avert  are  plain,  pal-ConsldEred" 

able,  and  urgent.    Every  real  objection  to  them  must  be  of  a 

)cal  origin,  and  will  time  lessen  such  objections.     Every  year 

roduces  new  concentrations  of  interest,  on  the  borders  of  the 

orthern  waters,  at  mill  sites  and  in  the  centre  of  counties,  w  hore 


CANAL  LAWS,  &c. 


1817.  villages  spring  up  and  grow  into  importance.  Some  of  these 
* — ~v  >  places  will  be  so  situated,  as  to  think  hereafter,  that  the  construc- 
tion of  these  canals  will  be  injurious  to  them  ;  but  if  it  shall  now  be 
known,  that  they  will  be  constructed,  these  villages  will  take  such 
a  location  in  future,  and  with  prospects  much  more  promising, 
as  to  profit  by  all  their  advantages. 

The  land  to  be  occupied  by  the  canals  would  now  cost  nothing, 
and  little  expense  would  be  incurred  in  the  purchase  of  water  pri- 
vileges from  mills  and  other  hydraulic  establishments.  But  wait 
a  very  few  years,  and  the  enterprize  of  our  countrymen  will  have 
appropriated  every  stream  to  objects  from  which  the  expense  of 
detaching  them  will  be  measured  by  their  profit ;  and  every  mile 
of  the  country  will  contain  obstructions  to  the  route,  from  public 
or  private  edifices,  from  orchards,  or  from  burying  grounds. — 
The  committee,  therefore,  decidedly  believe,  that  the  best  policy 
of  this  state  requires  the  immediate  commencement  of  these  ca- 
nals. 

Ohio,  worthy  of  Having  arrived  to  this  conclusion,  it  is  felt  to  be  a  cause  of 
praiae,  &c.  just  exultation,  that  the  interests  of  the  state  of  New-York,  de- 
manding the  execution  of  these  projects,  are  entirely  concur- 
rent with  those  of  several  of  our  sister  states  and  of  the  union 
generally.  The  legislature  of  Ohio,  with  a  liberality  and  promp- 
titude worthy  of  that  enlightened  body,  have  already  expressed 
their  zealous  approbation  of  the  canal  from  Lake  Erie  to  the 
Hudson,  and  pledge  themselves  to  an  effective  co-operation  in  its 
construction.  Additional  aid  may  be  expected  from  other  states 
in  the  west. 

The   General     ^nf*  surely  we  may  yet         *°r  ne^P  ^rom  tne  government  of 
Government    the  United  States.    As  bonds  of  union,  as  military  roads,  as  fa- 
ought  to  aid,        ...  ,      „     .        c  .  , 
&c.            vonng  the  increase  and  collection  of  commercial  revenue,  as 

means  of  sustaining  her  Indian  department,  and  as  prolific  parents 
of  all  kinds  of  national  resource,  the  claims  of  these  canals  upon 
the  general  government  must  hereafter  be  allowed  and  fostered. 
That  day  which  shall  see  them  completed  will  be  a  proud  one  for 
our  country.  If  the  Spaniard,  who,  from  the  top  of  the  Andes, 
first  discovered  the  Pacific,  felt  impelled  by  a  natural  impulse  to 
prostrate  himself  in  thanksgiving  to  the  Almighty,  for  the  pros- 
pect with  which  he  was  indulged,  what  pious  gratitude  will  become 
the  American  citizen,  whenever,  by  the  completion  of  these  im- 
provements, he  shall  be  permitted,  from  the  political  and  moral 
elevation  on  which  they  will  place  him,  to  contemplate  as  wide 


CANAL  LAWS,  &c. 


m 


an  expanse,  animated,  adorned  and  illustrated  by  every  tiling  in-  1817* 
teresling  and  ennobling  to  man  !    Let  it  be  the  ambition  of  this  v 
state,  now  to  commence  them,  and  this  prospect  will  soon  be  re- 
alized. 

It  remains  for  the  committee  to  point  out  where  they  would  re- 
commend to  have  these  canals  begun ;  to  designate  the  funds 
which  they  would  appropriate  to  them  at  the  present  session ; 
and  to  state  the  manner  in  which  they  think  it  expedient  to  pro- 
vide for  their  eventual  completion,  and  the  discharge  of  all  the 
expense  to  be  incurred  in  their  prosecution. 

Notwithstanding  the  perfect  conviction  of  the  committee,  that 
these  canals  can  be  made  without  any  serious  inconvenience  to 
the  financial  operations  of  the  state  ;  yet  they  admit,  that  it  is  due 
to  the  counsels  of  prudence,  to  bring  the  solidity  of  their  convic- 
tion to  the  touchstone  of  experiment,  before  the  whole  system  is 
undertaken. 

Under  these  impressionSj  they  recommend  the  adoption  of  im- Recommend  % 
mediate  measures,  for  purchasing  the  interest  of  the  Western  in-  Cpw^ 
land  lock  navigation  company,  and  for  commencing  and  coniple- pany" 
ting  a  canal  navigation,  between  Rome  and  the  Seneca  river, 
and  between  Lake  Champlain  and  the  Hudson  river,  at  a  conven- 
ient point  below  Baker's  falls. 

If  the  middle  section  of  the  western  canal  is  made  before  the 
rights  of  the  western  inland  lock  navigation  company  are  pur- 
chased, it  may  induce  the  latter,  in  consequence  of  the  increased 
value  of  their  property,  to  rise  in  their  demands,  And  if  the 
state,  after  a  fair  trial  of  the  experiment,  shall  only  complete  the 
canals  now  proposed,  and  proceed  no  further  in  the  whole  work, 
yet  these  partial  operations  will  open  valuable  and  important 
communications,  and  be  greatly  beneficial  to  the  community. 

The  committee  being  of  opinion,  that  those  designated  objects  coX"tX>*J 
can  be  accomplished  in  two  or  three  years,  and  at  an  expense  not  >  e*rs- 
exceeding  one  million  and  a  half  of  dollars,  recommend  that  a 
board  of  commissioners,  to  be  denominated  the  Commissioner* CoinmiKrioners 
of  the  Fund  for  Internal  improvements,  be  constituted  :  That  it  raomme^dt 
consist  of  the  Comptroller,  the  Secretary,  the  Attorney  General, Lc' 
the  Surveyor  General  and  the  Treasurer. 

It  is  proposed  to  establish  a  fund,  or  income,  to  be  appropria-  Caftal 
ted  expressly  and  exclusively  to  the  making  of  these  canals,  and 
,to  be  pledged  for  the  payment  of  the  interest  and  principal  of 
'»uch  loans  as  it  may  become  convenient  to  make,  and  which 

36 


CANAL  LAWS,  &c, 


1817.    should  be  made  exclusively  upon  the  credit  of  such  income,  and 
v  v  *  an(j  not  Up0n  the  general  credit  of  the  state  ;  and  that  the  comp- 
troller be  directed  to  open  separate  books,  and  to  keep  the  ac- 
counts of  those  funds  distinct  from  the  other  funds  and  accounts 
of  the  state;  the  whole  to  be  under  the  control  and  manage- 
ment of  the  said  commissioners  of  the  fund,  whose  powers  and 
duties  shall,  besides,  embrace  the  following  objects  : 
j  Tb  borrow     *st'    To  borrow,  on  the  credit  of  the  fund  above  mentioned, 
monies-.        a  sum  not  exceeding  a  million  and  a  half  of  dollars,  with  interest 
not  exceeding  six  per  cent,  payable  semi-annually,  and  the  prin- 
cipal reimbursable  in  twenty  years,  or  at  any  time  before,  in  the 
option  of  the  state. 
ihetnTo  canal  To  pay  over,  from  time  to  time,  such  monies  as  shall  be 

commissionars.  required  for  the  execution  of  the  powers  committed  to  them,  by 
the  commissioners  constituted  by  the  act  to  provide  for  the  im- 
provement of  the  internal  navigation  of  this  state. 
?;.'IJ>PuE1!£se    3d.  To  purchsse  the  interest  of  the  Western  Inland  Lock  Navi- 
gation  Company. 

ITh t SkeStab"  ^t^1#  ^e  Sa^  commissi°ners  °f  the  fund,  shall,  as  soon  as 
the  said  purchase,  or  the  whole  or  any  part  of  the  said  works  is 
completed,  have  power  to  establish  and  receive  reasonable  tolls, 
and  to  take  all  the  necessary  measures  for  that  purpose. 

5.  Bali  and     5th.  The  annual  application  of  dollars  of  the  monies 

auction  duties,  1  1 

sales  of  land,  arising  from  auction  duties,  of  the  duties  arising  from  salt  as 
pledged.  jierem  after  mentioned,  and  the  whole  of  the  monies,  which  the 
state  may  derive  from  the  sale  of  unappropriated  lands,  shall  be 
pledged  for  the  payment  of  the  said  debt  and  the  interest  there- 
of, and  shall  be  received  and  applied  by  the  said  commissioners 
of  the  fund  for  internal  improvements ;  and  they  shall  have 
power  to  apply  any  unappropriated  monies  in  the  treasury  to 
make  good  any  deficiency  or  failure  in  the  receipts  of  the  said 
fund,  or  to  borrow  on  the  faith  of  the  state  any  monies  that  may 
be  necessary,  to  be  reimbursed  from  the  said  funds,  when  the 
same  shall  be  received. 

6.  To  report    6th.  The  said  commissioners  of  the  fund,  shall,  at  the  open- 
uina^&c.6  mS  °f  tne  06x1  session  of  the  legislature,  report  a  plan  of  fi- 
nance for  the  execution  of  the  whole  of  the  said  canals,  and  also 
of  a  sinking  fund  for  the  extinguishment  of  the  debt. 

The  committee  have  proposed  the  plan  for  the  following  rea» 
=0n?  i**- 


(  ANAL  LAWS, 


lsu  In  a  free  government,  where  the  people  compose  the  sove-  181 
reign  authority,  it  is  chimerical  to  contemplate  the  execution  of 

i  *  ..  ..  *       «      Reasons  urged 

a  stupendous  plan  of  internal  navigation,  without  the  adoption  foi  the  plan  re- 
ofa  wise  and  economical  system,  which  will  conciliate  the  affec- [he^n^cam- 
tions  and  secure  the  favorable  opinion  of  those  who  are  themiUfce* 
source  of  all  legitimate  power.    To  attempt  to  raise  by  taxa- 
tion, the  whole  sum,  as  it  will  be  required,  will  impose  a 
burthen   on  the  people  which  would  be  destructive  of  the 
project. 

2d.  The  annual  revenue  of  the  state  is  now  upwards  of  924,- 
000  dollars,  and  its  ordinary  expenses  about  547,000  dollars, 

aving  a  surplus  of  near  400,000  dollars,  applicable  to  extra- 
ordinary demands  on  the  treasury,  and  to  the  extinguishment  of 
the  state  debt.  The  auction  duties  for  the  last  year  amounted 
to  about  160,000  dollars.  From  this  fund,  the  sum  of 
dollars  may  be  therefore  appropriated  annually,  to  the  payment 
of  interest  as  before  stated,  without  interfering  with  any  other 
claims,  and  without  any  inconvenience  to  the  treasury.  It  will 
be  also  recollected,  that  the  direct  tax  of  the  United  States,  which 
last  year  drew  from  our  treasury  365,620rVu  dollars,  has  ceased 
to  operate. 

3d.  The  appropriations  before  mentioned,  from  the  duties  on 
auctions  and  salt,  and  the  partial  avails  of  the  sale  of  public 
lands,  will  be  at  least  equivalent  to  an  immediate  grant  of  one 
and  a  half  million  of  dollars.  On  a  supposition,  that  the  western 
canal  will  cost  five,  and  the  northern  canal  one  million  of  dollars, 
the  commissioners  of  the  fund  for  internal  improvements,  will, 
besides  devising  a  sinking  fund,  have  only  to  recommend  a  plan 
for  raising  270,000  dollars  annually,  being  the  interest  of  four 
and  a  half  millions.  For  this  purpose,  the  following  among 
many  other  sources  may  be  indicated  :  And  it  must  be  ex- 
plicitly understood,  that  as  only  an  annual  revenue  of  90,000 
dollars  will  be  required,  until  the  canals  from  Rome  to  the  Sene- 
:a  river,  and  from  Lake  Champlain  to  the  Hudson  river  below 
Baker's  falls,  are  finished,  it  will  not  be  necessary  to  use  the 
unds  now  designated,  until  the  happening  of  those  events  ;  and 
hat  some  of  themAvill  be,  of  course,  in  a  state  of  rapid  accu- 
mtlation. 

1st.  A  tax  to  be  laid  upon  all  salt  manufactured  in  the  western   screes  at 

i*  •  i  re  venue  re- 

tistrict,  at  the  rate  of  nine  cents  per  bushel,  upon  that  which  is  e^nnrendtu. 


CANAL  LAWS,  fcc. 


1817.  made  at  private  works,  and  at  the  rate  of  twelve  and  a  half  cents 
—v  '  per  bushel,  upon  that  which  is  made  at  the  public  works. 

2d.  The  duties  on  sales  at  auction,  after  deducting  26,000 
dollars  for  the  Hospital,  15,000  dollars  for  the  support  of  foreign 
poor  in  the  city  of  New-York,  500  dollars  for  the  Orphan  Asy- 
lum Society,  and  500  dollars  for  the  Economical  School. 

3d.  A  tax  to  be  laid  upon  the  valuations  of  real  and  personal 
property,  in  the  counties,  cities  or  towns,  which  will  be  particu- 
larly benefited,  by  the  construction  of  these  canals,  of  from  one- 
third  to  three- fourths  of  a  mill  upon  a  dollar :  And  the  places  to 
which  this  tax  should  apply,  and  the  proportion  of  its  application 
to  each,  the  committee  think  should  be  as  follows : 


New-York,  at  1-2  a  mill,  on  last  year's  valuation,  amounting 


to 

} 

41,037 

Albany  and  Watervliet,  at  3-4  mill,  on 

do. 

1 

do- 

4,770 

The  towns  of  Waterford, n 

Stillwater,  Saratoga, 

Northumberland  and 

;>at  1-2  do.  on 

do. 

do. 

1,762 

Moreau,  in  the  coun- 
ty of  Saratoga, 

All  the  towns  of  Wash-] 

ington  county,  except 
Cambridge,  Jackson 

>>at  1-2  do.  on 

do. 

do. 

2,672 

and  Whiteereek, 

The  county  of  Essex,  at  3-4  do.  on 

do. 

do. 

706 

of  Clinton,  at  3-4  do.  on 

do. 

do. 

1,135 

of  Montgomery,  at  1-3  do.  on 

do. 

do. 

2,593 

of  Herkimer,  at  1-2  do.  on 

do. 

do. 

1,914 

of  Oneida,  at  3-4  do.  on 

do. 

do. 

7,098 

of  Madison, 

at  3-4  do.  on 

do. 

do. 

3,408 

of  Onondaga,  at  3-4  do.  on 

do. 

do. 

2,869 

of  Cayuga,  at  3-4  do.  on 

do. 

do. 

3,647 

of  Seneca,  at  3-4  do.  on 

do. 

do. 

3,06C 

of  Ontario,  at  3-4  do.  on 

do. 

do. 

11,202 

c     of  Genesee,  at  3-4  do.  on 

do. 

do. 

5,834 

of  Niagara, 

at  3-4  do.  on 

do. 

do. 

2,37^ 

of  Chautauque,  at  3-4  do.  on 

do. 

do. 

64< 

The  city  of  Troy,  at  1-2  do.  on 

do. 

do. 

80( 

The  village  of  Lansingburgh,  at  1-2  do.  on 

do. 

do. 

18( 

4tk.  A  tax  upon  all  steam  boat  passengers,  of  one  cent  pei 
smile  each  for  any  distance  not  exceeding  a  hundred  miles,  am 
not  exceeding  one  dollar  for  a  passage  between  Albany  am 
New-York. 


CANAL  LAWS,  &«■ 


bth.  lotteries  after  the  stuns  now  granted  upon  them  are  1S17. 
raised,  and  which  will  probably  require  ten  years.  v^-v^w 
6th.  All  unappropriated  lands. 

1th.  Contributions  from  other  states,  on  condition  that  the) 
shall  make  use  of  the  canals,  for  the  same  tolls,  as  may  be  re- 
quired from  the  people  of  this  state. 

8th.  Contributions  from  the  government  of  the  United  States, 
on  condition,  that  for  all  their  purposes  they  shall  use  the  canals 
for  the  same  tolls  as  may  be  required  from  the  people  of  this  state. 

9th.  Donations  of  money  and  lands  from  individuals.  John 
•Greig,  Esq.  has  already  contributed  to  this  fund,  by  executing  a 
deed  to  the  people  of  this  state,  for  three  thousand  acres  of  land 
lying  in  the  county  of  Steuben  ;  and  the  agent  of  the  Holland 
land  company  has  given  satisfactory  assurances,  that  he  will  exe- 
cute a  deed  of  100,632  acres  of  land  lying  in  the  county  of  Cat- 
taraugus, for  the  same  purpose. 

10^.  As  soon  as  the  canals,  or  any  important  section  of  them, 
urc  completed,  a  great  revenue  will  accrue  to  the  state,  which 
will  speedily  extinguish  the  whole  debt,  and  repay  to  all  the  pla- 
ces, which  shall  have  been  taxed  on  the  valuation  of  their  real 
and  personal  estates,  the  sums  from  them  respectively  levied. — 
This  revenue  will  arise  in  two  ways  : 

1st.  From  the  artificial  mill  sites,  and  the  infinite  variety  of 
hydraulic  uses  to  which  the  surplus  waters  may  be  applied. — 
These  privileges  ought  never  to  be  sold  in  perpetuity,  but  leased 
and  kept  under  the  control  of  the  state,  so  that  no  individual  can 
gain  an  interest  in  them,  that  may  become  prejudicial  to  thepub- 
lic.  And, 

2d.  From  the  imposition  of  light  tolls  or  transit  duties,  on  ves- 
sels and  cargoes  descending  the  canals,  to  be  increased  on  those 

ascending. 

  . 

The  committee  deem  it  proper,  before  they  conclude,  to  pre- 
sent to  the  consideration  of  the  legislature,  a  proposition  for  the 
construction  and  completion  of  the  western  canal,  which  has  been 
made  to  the  president  of  the  canal  commissioners,  by  J.  Rutsen 
Van  Rensselaer,  Esq.  as  follows  : 

S.B, 

Desirous  of  aiding  by  every  means  in  my  power  the  improve-  v2l£«aeiJe" 
ltient  of  the  internal  navigation  of  this  state,  I  take  the  liberty  ofto  otattmd  *>* 

...  ...  the  whole  work 

submitting  to  your  consideration  the  following  propositions,  to  be  m(l  (iim-> 
disposed  of  as  you  may  deem  proper. 


CANAL  LAWS,  &e, 


181T.  1st.  I  will  form  a  company,  who  shall  give  security  in  the  sum 
r  v  1  '  of  one  million  of  dollars,  to  be  approved  by  the  comptroller,  that 
the  whole  canal  from  Erie  to  Hudson  shall  be  completed,  on  the 
plan  contemplated  by  the  report  of  the  commissioners,  except 
only,  that  the  aqueducts  shall  be  formed  of  durable  materials, 
probably  cast  iron,  as  in  my  opinion  wood  should  not  be  used  in 
any  exposed  situation.  I  will  then  contract  to  perform  the  whole 
work,  for  ten  millions  of  dollars,  five  hundred  thousand  of  which, 
shall,  on  good  security  be  advanced  by  the  state,  to  be  accounted 
for  by  the  company,  on  the  completion  of  the  canal,  and  shall 
form  a  part  of  the  last  expenditure  ;  and  on  each  subsequent  ad- 
vance, by  the  state,  similar  security  shall  be  given,  that  the  amount 
shall  be  applied  to  the  object,  and  a  proper  proportion  of  the 
distance  be  completed,  until  the  whole  is  finished. 

2dly.  I  will  complete  the  work,  on  like  advances  and  security, 
for  the  sum  of  seven  millions  and  an  half  of  dollars,  together  with 
the  tolls,  which  may  be  collected  from  the  time  one  fourth  of  the 
canal  shall  be  completed  to  the  expiration  of  twenty  years  after 
the  whole  is  finished,  the  toll  not  to  exceed  two  cents  per  mile  per 
ton.  Or, 

3(%,  I  will,  on  the  like  advances,  furnish  the  like  security, 
and  finish  the  whole,  for  five  millions  of  dollars,  together  with 
the  tolls,  at  the  rate  specified  in  the  former  proposition,  for  the 
period  therein  specified,  and  for  one  half  that  sum  forever  there- 
after :  should  the  legislature  exact  a  toll,  after  the  twenty  years, 
at  the  rate  of  five  dollars  per  ton,  for  the  whole  distance,  the  com- 
pany shall  pay,  and  the  canal  be  pledged  as  security,  three  per 
centum  per  annum,  on  the  whole  advance,  or  refund  to  the  state 
two  millions  and  an  half  of  dollars,  at  convenient  periods,  with 
interest,  at  six  per  cent. 

In  the  commencement  of  an  undertaking  of  this  importance,  the 
legislature  should  be  governed  by  a  spirit  of  great  liberality ;  sec- 
tional interests  should  not  be  indulged,  and  no  objection  should  be 
raised  to  the  imposition  of  a  general  tax  to  meet  a  portion  of  the 
expense.  If  the  legislature  will  consent  to  borrow  the  five  mill- 
ions of  dollars,  funds  may  very  easily  be  provided  to  meet  the  pay- 
ment of  the  interest,  and  to  redeem  the  principal,  at  no  great  dis- 
tance of  time, 

I  am  sir,  with  perfect  respect, 
Your  most  obedient  servant, 
J.  RUTSEN  VAN  RENSSELAER. 

Clare Wfo  Wh  March  1817-. 


CANAL  LAWS,  fee. 

To  the  acceptance  of  either  of  these  propositions  the  commit- 
tee are  entirely  opposed,  being*  persuaded,  from  a  variety  of  im-  ^ 
portant  considerations,  that  the  state  should  retain  the  perfect  not  to  be tccep. 
control  of  this  canal,  in  every  period  of  its  construction  and  fu- 
ture regulation. 


XVI. 
REPORT 

Of  the  Commissioners  on  the  Northern  or  Champlain  Canal. 

In  Assembly,  March  19,  1817. 

A  communication  from  the  board  of  Canal  Commissioners,  ^n,P**raCa* 
being  their  report  on  the  northern  or  Champlain  canal,  was 
read,  and  is  in  the  words  following,  to  wit : 

The  advantages  which  will  result  from  the  connection  of 
Lake  Erie  with  the  navigable  waters  of  the  Hudson  by  means  R'^orf'  *c> 
of  a  canal,  have  been  so  frequently  elucidated,  and  are  indeed 
so  obvious  to  every  one  who  possesses  a  correct  geographical 
knowledge  of  the  west,  that  it  has  been  deemed  unnecessary  to 
enumerate  them.  But,  presuming  that  the  benefits  to  be  derived 
from  a  similar  communication  with  Lake  Champlain,  are  not 
fully  understood  or  duly  appreciated,  the  commissioners  ask  the 
indulgence  of  briefly  pointing  out  a  few  of  the  most  prominent 
of  these  benefits. 

That  part  of  this  state  which  is  contiguous  to  Lakes  George  Cwntnr 

i    st«         i  •        .         i  ,  abound*  in 

and  Champlain,  abounds  in  wood,  timber,  masts,  spars,  and  wood,  &c 
lumber  of  all  kinds,  which,  transported  by  the  northern  canal, 
Would  find  a  profitable  sale  along  the  Hudson  and  in  the  city  of 
New-York,  instead  of  being  driven,  as  much  of  those  articles 
have  heretofore  been,  to  a  precarious  market,  by  a  long  and  ha- 
zardous navigation  to  Quebec. 

Some  idea  may  be  formed  of  the  immense  quantity  of  lumber 
which  would  be  conveyed  on  the  contemplated  canal,  from  the 
following  statement,  made  on  the  best  authority,  and  which  em- 
braces only  that  small  section  of  the  northern  part  of  this  state, 
from  whence  the  transportation  is  carried  on  to  the  city  of  New- 
York,  or  to  intermediate  markets. 

2  (jOO  000 

Within  that  tract  of  country,  embracing  the  borders  of  Lake  boardTipUok 
George,  and      timber  land  north  and  west  of  the  great  falls  in  |n"*c*&,n*:" 


288  CANAL  LAWS,  kc 


1S17.     Luzerne,  there  are  annually  made,  and  transported  to  the  south- 

*  4  '  two  millions  of  boards  and  plank ;  one  million  feet  of  square 

n^mp!ainCa"  timber,  consisting  of  oak,  white  and  yellow  pine,  beside  dock- 
logs,  scantling,  and  other  timber  to  a  great  amount. 

A  considerable  portion  of  the  northern  part  of  this  state  is 
rough  and  mountainous,  and,  in  a  great  measure,  unfit  for  agri- 
cultural improvements.  These  broken  tracts  are  covered  with 
native  forests,  which,  by  the  contemplated  canal,  would  furnish 
vast  supplies  of  wood  and  lumber  for  many  years ;  and  thus  the 
great  and  increasing  population  which  occupies  the  margin  of 
the  Hudson,  would  be  supplied  with  boards,  plank,  timber,  fen- 
cing materials,  and  even  fuel,  with  less  expense,  than  from  any 
other  quarter ;  while,  at  the  same  time,  the  lands  to  the  north, 
considerable  tracts  of  which  belong  to  the  people  of  this  statey 
would  be  greatly  increased  in  value. 

The  mountains  in  the  vicinity  of  lakes  George  and  Champlaia 
lion  Ore?.  produce  a  variety  of  minerals,  among  which  are  found,  in  inex- 
haustible quantities,  the  richest  of  iron  ores.  Several  forges  are 
in  operation  in  the  counties  of  Washington,  Warren,  Essex  and 
Clinton,  the  number  of  which  may  be  indefinitely  increased  ;  and 
the  iron  which  they  produce,  is  very  little,  if  at  all,  inferior  in 
quality  to  the  best  iron  manufactured  in  the  LTnited  States :  nor 
can  it  be  doubted  that,  after  the  completion  of  the  contemplated 
canals,  the  middle  and  western  parts  of  this  state  would  be  fur- 
nished with  this  necessary  article  on  more  advantageous  terms 
than  it  can  at  present  be  procured. 

The  inhabitants  of  a  large  tract  of  country  on  both  sides  of 
Ashes?0  Pea"lake  Champlain,  embracing  a  considerable  portion  of  the  state  of 
Vermont,  would  find,  by  the  northern  canal,  a  permanent  mar- 
ket in  the  city  of  New-York,  or  at  intermediate  places,  for  their 
pot  and  pearl  ashes,  and  also  for  all  their  surplus  agricultural 
productions,  from  whence  they  would  also  be  cheaply  supplied 
with  all  the  necessary  articles  of  foreign  growth. 

The  iron  of  the  northern  Dart  of  this  state,  which  at  present  is 

Marble   quar-  .  ^  1 

ties.  unwrought  in  the  mine,  and  the  fine  marble  of  Vermont,  which 

now  lies  useless  in  the  quarry,  would  be  converted  into  useful  and 
ornamental  purposes,  in  the  west,  in  exchange  for  salt  and  gyp- 
sum ;  and  thus  the  large  sums  which  are  annually  sent  abroad 
for  the  purchase  of  iron,  of  salt  and  of  gypsum,  would  be  retain- 
ed among  our  citizens,  and  added  to  the  permanent  wealth  a£ 
Oils  state. 


CANAL  LAWS,  kc  28£> 

In  short,  the  connection  of  Lake  Champlain  with  the  Hudson,  1817. 
by  means  of  a  canal,  would  greatly  enhance  the  value  of  the  ^~ — v  J 

....  .  .  .  Chuuiplum 

northern  lands  ;  it  would  save  vast  sums  in  the  price  of  trans-  CanaL 

portation  ;  it  would  open  new  and  increasing  sources  of  wealth  ;  it 

would  divert  from  the  province  of  Lower  Canada,  and  turn  to 

the  south,  the  profits  of  the  trade  of  Lake  Champlain  ;  and,  by 

imparting  activity  and  enterprise  to  agricultural,  commercial  and 

mechanical  pursuits,  it  would  add  to  our  industry  and  resource?, 

and  thereby  augment  the  substantial  wealth  and  prosperity  of 

the  state. 

The  examination  and  levels  for  this  canal,  have  been  made  un-  L.  Gario  made 

.....         /.,  ..  .  .    T       .    ~  .  examinations, 

der  the  direction  of  the  commissioners,  by  col.  Lewis  Larin,  and  &c.  and  rou»» 
the  line  for  the  same  has  been  marked  out  upon  the  maps  here-^10^0111^ 
with  presented.    There  are  two  places  of  departure  from  the 
Hudson,  in  order  to  connect  thatriver  with  Lake  Champlain,each 
of  which  affords  a  very  favorable  route,  in  point  of  soil,  to  be 
excavated,  and  of  materials  for  the  artificial  works.    One  of 
these  routes,  by  commencing  at  the  mouth  of  Fort  Edward  creek, 
and  pursuing  the  valley  of  that  creek  to  the  summit  level,  and 
then  following  the  ravine  of  Wood-creek,  will  reach  Whitehall, 
in  the  distance  of  twenty-two  miles.    This  route  was  formerly 
deemed  most  eligible  by  a  board  of  commissioners,  composed  of 
general  Schuyler  and  others.    It  is,  however,  supposed,  by  the 
engineer,  that  the  other  route  may  be  preferable,  which  commen- 
ces about  six  miles  further  down  the  river,  near  the  mouth  of 
Moses'  kill,  and  which  by  the  natural  channel  of  this  kill,  and  of 
Dead  creek,  joined  to  a  short  length  of  artificial  canal,  forms  the 
summit  level  from  whence  it  proceeds — partly  by  the  natural 
channel  of  Wood  creek,  and  partly  by  artificial  cuts,  which 
greatly  shorten  the  distance,  to  Whitehall.    The  length  of  this 
route  is  twenty-eight  miles,  and  it  passes  over  a  soil  which  is,  in 
general,  remarkably  favorable,  consisting  principally  of  vegeta- 
ble mould,  loam  and  clay.    At  the  northern  termination  of  the 
canal,  a  few  yards  of  limestone  excavation  will  be  necessary ; 
dm,  however,  is  not  deemed  an  unfavorable  circumstance  as  the 
;tone  are  of  such  a  quality  as  will  be  useful  in  the  construction 
if  locks,  and  it  may  be  remarked  that  the  materials  for  the  con- 
struction of  the  locks  between  Lake  Champlain  and  the  Hudson 
an  be  procured  with  little  difficulty. 

Between  the  Hudson  and  Lake  Champlain  nine  locks  will  be   ton*  locks 
lfccssary,  viz.  three  at  the  Hudson  of  7.779  feet  lift  each,  by"€CMI,r7' 

37 


V 


290  CANAL  LAWS,  fcc, 

1817.  which  the  summit  level  will  be  attained,  and  by  a  deep  cutting, 
%  V""— J  the  erreatest  depth  of  which  will  be  12.465  feet,  and  the  length 

Champlain  . 

Canai.  of  which  is  about  two  miles  ;  the  summit  level  will  be  extended 
fifteen  miles,  and  will  terminate  about  one  mile  south  of  Fort  Ann, 
At  this  place  two  locks  will  be  necessary,  of  6.217  feet  lift  each. 
Between  this  point  and  Whitehall,  two  locks,  the  first  of  8.223 
feet  lift,  and  the  next  of  9.243  feet  lift,  are  to  be  made.  At 
Whitehall,  the  canal  is  to  be  connected  with  Lake  Champlain 
by  two  Jocks  of  8.550  feet  lift  each.  About  fifteen  miles  of  this 
route  will  need  no  excavation,  as  the  canal  for  that  distance  will 
occupy  the  natural  channels  of  Moses5  kill,  Dead  creek  and 
Wood  creek.  In  order  to  turn  off  as  much  as  possible  the  su- 
perfluous waters  of  freshets,  and  to  insure  at  all  times  a  sufficien- 
cy of  water  on  the  summit  level,  it  is  proposed  to  erect  a  dam 
across  half-way  brook,  of  eighteen  feet  in  height,  half  a  mile 
above  the  mouth  of  said  brook,  and  by  a  natural  ravine  leading 
to  the  south,  to  direct  so  much  of  the  water  of  said  brook  to 
the  summit  level,  and  from  thence  by  several  waste- wiers,  into 
the  Hudson,  as  may  be  necessary  for  the  convenience  of  the 
canaf. 

The  water  in  the  canal  is  not  to  be  less  than  thirty  feet  wide  at 
the  surface,  twenty  feet  at  the  bottom  and  three  feet  deep,  and 
the  locks  to  be  seventy-five  feet  long  and  ten  feet  wide  in  the 
clear* 

Expense.  ^  mode  0f  calculation  heretofore  adopted  by  the  com- 

missioners, the  whole  expense  between  Lake  Champlain  and  the 
Hudson,  at  the  mouth  of  Moses5  kill,  will  not  exceed  two  hun- 
dred and  fifty  thousand  dollars. 

Stillwater.  From  the  mouth  of  Moses5  kill  it  is  proposed  to  improve  the 
channel  of  the  Hudson  for  the  purposes  of  navigation  as  far 
south  as  the  village  of  Stillwater,  at  the  head  of  Stillwater  falls. 
This  may  be  effected  in  the  following  manner.  By  erecting  a 
dam  three  feet  in  height  across  the  Hudson,  at  the  head  of  Fort 
Miller  falls,  the  river  above  as  far  as  Fort  Edward,  would  at  all 
times  afford  a  sufficiency  of  water  for  boats  drawing  three  feet. 
To  overcome  the  descent  of  Fort  Miller  falls,  a  side  cut  or  arti- 
ficial canal  of  about  one  mile  in  length,  and  with  two  locks  of 
10,321  feet  lift  each,  will  be  necessary.  These  works,  including 
the  dam,  locks,  excavation,  towing  path,  and  all  other  expense?, 
may  be  estimated  at  fifty  thousand  dollars. 

Two  and  a  half  miles  below  the  south  end  of  this  canal?  at 


CANAL  LAWS,  fcci  m 

vkc  head  of  Saratoga  falls,  a  dam  three  feet  in  height  is  to-  be  1817. 
made  across  the  river,  and  ;i  side  cut  round  the  falls,  similar  to  ^~v-w 
the  above,  of  about  one  mile  in  length,  with  two  locks  of  6.198  C^3lala 
feet  lift  each.    It  is  believed  that  all  the  artificial  works  at  this 
place  may  be  constructed  for  thirty-five  thousand  dollars. 

Thirteen  miles  below  this  place,  at  the  head  of  Stillwater 
falls,  another  dam  of  three  feet  in  height,  will  in  like  manner  en- 
sure a  good  boat  navigation  up  to  the  Sam  tog  a  falls. 

The  cost  of  this  dam,  the  construction  of  a  towing-path,  with  Cestoi  Jam, 
several  bridges,  the  purchase  of  Schuyler's  mill,  which  it  is  sup- 
posed will  be  necessary,  together  with  all  the  other  expenses  of 
this  section,  are  estimated  at  fifty  thousand  dollars. 

From  the  village  of  Stillwater,  at  a  point  above  the  dam  last 
mentioned,  it  is  proposed  to  cut  an  artificial  canal  to  the  village 
of  Waterford,  where  it  is  to  be  connected  with  the  Hudson.  Water'otd 
This  canal  will  be  supplied  with  water  from  the  river  at  its  upper 
end.  Its  length  will  be  nearly  twelve  miles,  and  the  whole  de- 
scent is  76.464  feet ;  which  will  require  eight  locks.  The  ex- 
cavation of  this  canal,  for  some  distance  near  the  upper  end, 
will  he  considerably  expensive,  as  it  passes  through  a  slate  rock, 
the  middle  and  lower  parts,  however,  are  very  favorable. 
I  The  expenses  from  Stillwater  to  Waterford,  may  be  estima- 
ted as  follows  : 

7G  feet  lockage,  at  £1000  per  foot,  £76,000 
12  miles  of  excavation  and  towing-path  with  bridges, 
culverts,  and  other  necessary  works,  at  an  average 
i      of  $30,000  per  mile,  360.000 

Recapitulation  of  Expenses. 

From  Whitehall  to  the  Hudson,  $250,000  Recapitulation 

Dam,  side  cut  and  other  works  at  Fort  Miller  falls,         50,000  0l'«Penses- 
;Do.  at  Saratoga  falls,  35,000 
To  Stillwater,  including  dam,  &c.  50,000 
From  Stillwater  to  Waterford,  including  lockage,  436,000 
\dd  for  contingencies,  engineers,  and  superintendence,  50,000 

Total,  $871,000 
Whether  the  canal  from  Lake  Champlain  enters  the  Hudson 
a  Fort  Edward  creek  or  at  Moses'  kill,  is  not  very  material  in 
he  estimate  of  expense ;  and  the  commissioners  wish  to  be  ex- 


CANAL  LAWS, 


181?.  plicitly  understood,  that  they  consider  this  question  as  still  opeitj 
k*^v-^/  and  as  one  which  will  require  mature  deliberation.  It  is  ascer* 
Cc3laia  tained  tnat  botn  routes  are  equally  practicable. 

The  termination  of  the  northern  canal  in  the  Hudson  at  Wa* 
terford,  will  afford  the  cities  of  Albany  and  Troy,  and  the  villa- 
ges of  Lansingburgh  and  Waterford,  a  full  participation  of  its 
benefits  ;  and  its  approximation  to  the  great  western  canal,  will 
open  the  most  beneficial  channels  of  communication  between 
every  great  section  of  the  country,  and  furnish  every  facility  for 
promoting  the  activity  and  enlarging  the  sphere  of  inland  trade, 
which  constitutes  one  of  the  principal  elements  of  national  opu- 
lence, prosperity  and  greatness.  And  before  the  lapse  of  half  a 
century,  those  who  succeed  us,  will  witness,  in  the  consolidation 
of  those  cities  and  villages  into  one  great  city,  a  union  of  in- 
terests and  sympathies  which  will  totally  dissipate  the  apprehen- 
sions and  jealousies  that  may  now  exist. 

AH  which  is  respectfully  submitted, 

DE  WITT  CLINTON, 
S.  VAN  RENSSELAER, 
MYRON  HOLLEY, 
SAMUEL  YOUNG. 

Albany,  \%th  March,  1817. 


APPENDIX. 

APPLICATION  TO  CONGRESS. 


Application  2\>  the  honorable  the  Senate  and  House  of  Representatives  of  the 
to  onere.s.       United  States  in  Congress,  the  representation  of  the  Commis- 
sioners of  the  state  of  New-York^  in  behalf  of  the  said  statet 
'respectfully  sheweth : — 

Powers  stated.  That  tne  legislature  of  the  said  state,  in  April  last,  passed  an 
act  to  provide  for  the  improvement  of  their  internal  navigation, 
of  which  act  we  take  the  liberty  of  transmitting  herewith  a  copy. 
In  this  it  will  be  seen,  that  a  board  of  commissioners  is  consti- 
tuted, and  that  among  other  duties  enjoined  upon  them,  they  are 
required  to  make  application  to  the  government  of  the  United 
States,  for  cessions,  grants  or  donations  of  lands  or  money,  for 


Canal  laws,  uc> 


Hie  purpose  ot  aiding  in  opening  a  communication,  by  means  1817. 
of  canals,  between  the  navigable  waters  of  Hudson's  river  and  K"jT~^r~J""y 
Lake  Erie,  and  the  said  navigable  waters  and  Lake  Champlain.  Champlain  ca- 
To  fulfil  this  requisition,  then,  is  the  object  of  this  address. 

Next  to  the  establishment  and  security  of  the  right  to  self-  Object  imp©r. 
government,  we  flatter  ourselves,  that  no  object  requiring  legis- 
lative interference,  can  be  found  more  interesting  than  the  one 
which  we  are  charged  to  lay  before  your  honorable  body  :  And 
we  venture  to  solicit  your  favourable  consideration  of  it,  in  full 
confidence,  that  an  enlightened  public  spirit  may  justly  give  to  it 
such  a  measure  of  patronage  as  cannot  fail  to  produce  signal 
benefits  to  the  nation. 

The  benefits  to  be  acquired  by  the  United  States,  from  the  Benefit  t©  the 

i         11  \   •  Umted  States. 

construction  of  these  canals,  will  most  obviously  and  immedi- 
ately affect  their  pecuniary  and  political  interests.  More  re- 
motely, indeed,  they  will  exert  a  favourable  influence  upon  every 
object  embraced  within  the  scope  of  an  enlightened  and  paternal 
policy.  If  we  consider  the  extent  and  fertility  of  our  territory 
north-west  of  the  Ohio ;  the  large  proportion  of  it,  which  yet 
remains  unsold ;  the  disposition  and  the  ability  which  our  eastern 
fellow  citizens  possess  to  purchase  and  to  improve  it,  we  cannot 
be  insensible  of  the  great  pecuniary  advantages  which  would 
result  from  opening  to  them  a  safe,  easy,  and  economical  passage 
into  that  territory.  Every  dollar  saved  to  them,  in  the  expen- 
ses of  removing  thither,  would  operate  to  enhance  the  value  of 
the  public  lands,  and  at  the  same  time,  to  hasten  their  settle- 
ment: And  it  is  obvious,  that  a  canal  from  the  Hudson  to  Lake 
Erie  would  save  a  very  large  portion  of  these  expenses.  The 
number  of  persons  to  be  affected  by  this  consideration,  cannot 
be  accurately  stated.  It  certainly  would  not  be  small.  We  axe 
well  assured,  that  in  the  course  of  one  year,  since  the  war,  more 
than  twelve  thousand  new  settlers,  almost  exclusively  from  the 
east,  have  established  themselves  within  the  limits  of  this  state, 
west  of  the  Genesee  river. 

Whatever  adds  to  the  value  of  all  that  land  produces,  must 
increase  the  v  alue  of  land  itself.  To  a  country,  which  depends 
upon  a  distant  market  for  the  sale  of  its  surplus  productions,  it  is 
of  great  importance  to  afford  every  possible  facility  of  transpor- 
tation ;  for  all  that  is  taken  from  the  expense  of  transportation  is 
added  to  the  value  of  the  articles  transported  :  and  by  cheapening 


294 


CANAL  LAWS,  &c. 


1817*    the  rate  of  carnage  many  articles  are  rendered  valuable,  whicli 

■ — ~"v  f  would  otherwise  be  worthless- 
Erie  and  ,  . , 
Champiain  ca-    Moreover,  if  habit  or  the  necessary  accommodation  of  life, 

require  that  such  a  country  should  consume  foreign  goods  to  the 
amount  of  all  its  surplus  productions,  it  is  evident  that  the  land- 
holder there,  enjoys  a  two-fold  benefit  in  every  increased  facility 
of  transportation.  Perhaps  the  whole  of  the  country  between 
the  great  lakes,  the  Mississippi  and  the  Ohio,  (certainly  the 
greater  part  of  it,)  would  derive,  from  the  completion  of  our 
principal  canal,  greater  advantages  for  distant  communication 
than  any  country,  so  far  inland,  has  hitherto  enjoyed,  and  in- 
comparably greater  than  that  country  can  ever  derive  from  any 
other  means.  Regarded,  then,  merely  as  a  measure  of  pecu- 
niary wisdom,  we  trust  your  honorable  body  will  make  such 
an  appropriation  in  favour  of  it  as  will  ensure  its  accomplish- 
ment. 

Considerations  But  considerations  of  a  political  nature,  seem  to  us,  most  ur- 
mt^re  urged1  gently  to  recommend  the  construction  of  these  canals.  The 
great  influence  exercised  over  the  western  Indians,  even  in  our 
own  territory,  by  the  subjects  of  a  foreign  government,  we  have 
always  had  numerous  reasons  to  wish  destroyed.  This  influence 
depends  materially,  upon  establishments  erected  for  the  promo- 
tion of  the  fur  trade.  Any  measure  that  would  open,  between 
one  of  our  sea-ports  and  the  region  where  furs  are  collected,  a 
road  in  all  respects  preferable  to  any  other,  besides  drawing  to 
our  own  citizens  a  profitable  commerce,  would  tend,  eventually, 
to  the  subversion  of  that  influence,  and,  in  the  mean  time,  offer 
to  us  important  facilities  for  controling  it. 

The  trade  carried  on  between  our  country  and  the  Canadian 
provinces,  is  already  considerable,  and  is  rapidly  growing. — 
The  fruits  of  the  earth  from  the  southern  shores  of  Erie  and 
Ontario,  and  from  the  borders  of  Champiain,  find  their  way  to 
the  ports  of  our  northern  neighbours,  cheaper  than  they  can  to 
any  which  offers  a  market  of  our  own,  and  are  there  exchanged 
for  the  various  commodities  of  foreign  countries.  This  trade 
is,  indeed,  profitable  to  many  of  our  citizens  who  engage  in  it, 
but  it  is  much  more  so  to  the  British.  Subject  to  their  control, 
they  direct  it  to  the  advancement  of  all  their  public  interests. 
And  it  is  no  mean  instrument  of  that  advancement.  It  is  evi- 
dently the  vital  spirit  of  their  internal  navigation,  which  it  can- 
not fail  to  exalt  into  a  consequence  that  may  hereafter  greatly 


Erie  and 


CANAL  LAWS,  fcc. 

affect  us.  Would  not  the  prosecution  of  our  projects  to  com- 
plete effect,  result,  immediately,  in  giving  to  the  citizens  of  the 
United  States,  the  entire  profits  of  this  trade,  and  to  government  champbin  ca- 
all  the  security  and  influence  connected  with  a  thickly  settled 
frontier,  and  a  most  decided  superiority  of  shipping  on  the 
lakes  ? 

Nothing  can  be  more  certain,  than  that  the  continuance  of  our  The  contln.  N 
Union  is  essential  to  our  freedom.  The  means  of  this  continu-a»nceofthcUri- 
ance  are  to  be  found  only  in  the  strength  of  our  common  inter- 
ests. Whatever  extends  and  consolidates  these  interests,  then, 
must  be  of  distinguished  importance  to  the  government ;  and  can 
any  thing  be  imagined,  more  efficaciously  conducive  to  these  ob- 
jects, than  opening  to  distant  sections  of  our  country,  the  means 
of  easy  and  profitable  intercourse  ?  Virtuous  and  enlightened 
men  among  us,  have  long  delighted  themselves  with  looking  for- 
ward to  the  period,  when  a  canal  communication  between  the 
Hudson  and  Lake  Erie  would  afford,  to  half  the  United  States 
more  ample  means  of  promoting  every  social  interest,  than  have 
heretofore,  in  any  country,  been  furnished  by  the  accomplishment 
of  any  human  enterprize. 

The  advantages  of  canals  were  not  entirely  unknown  to  an- Canals  not  uu> 
cicnt  governments.    Among  them,  the  wisest  and  most  powerful  j^cienVl-c^ 
executed  works  of  this  kind,  in  every  direction  through  their  ter- 
ritories, for  the  purposes  of  agriculture,  commerce  and  war. — 
The  vestiges  of  many  of  these  are  still  discoverable,  and  they  are 
doubtless  to  be  reckoned  among  the  most  impressive  memorials 
that  remain  of  ancient  greatness.    When  we  recollect  the  instru- 
mentality which  canals  have  formerly  exhibited  in  collecting  the 
blessings  of  wealth,  strength,  and  a  crowded  population  for  every 
country  through  which  they  passed,  and  see  those  very  countries 
by  the  neglect  and  ruin  of  them,  reduced  to  their  original  bar- 
renness, can  we  suppress  a  conviction  of  their  immense  utility 
But,  it  is  not  alone  from  history,  and  the  faint  traces  of  them 
which  have  survived  the  lapse  of  many  centuries,  that  the  advan- 
tages of  these  improvements  are  to  be  made  known.    There  are 
proofs  more  conclusive.    Our  own  times  furnish  them.    In  con-  Present  canals, 
templating  the  present  state  of  Europe,  it  is  impossible  not  to  be 
struck  with  the  number  and  extent  of  her  canals.     And  we  per- 
ceive that  they  abound  most  in  those  countries  where  the  wants 
of  the  social  state  and  the  means  of  power  .  have  been  mo«i  dili- 


CANAL  LAWS,  fee. 


1817.  gently  explored,  and  are  most  profoundly  understood.  We  see 
K~~^sr~-^'  them  there  enabling  extensive  empires  to  hold  in  speedy  adminis- 
Champiain  ca-  tration,  to  every  public  object,  all  the  resources  of  their  most  re- 
mote sections  ;  and,  at  the  same  time,  increasing  those  resources 
prodigiously  by  the  economical  exchanges  of  which  they  are  the 
occasion.  Experience  is  always  a  safe  guide.  It  is  especially 
to  be  trusted  when  it  has  been  acquired  in  the  midst  of  difficulties 
and  dangers,  and  has  been  sanctioned  by  the  wisdom  of  different 
nations.  If,  then,  in  the  pressing  exigencies  of  recent  events, 
when  every  power  of  national  defence  and  annoyance  has  been 
exerted,  when  all  the  capacities  of  men,  as  individuals,  and  in  po- 
litical combination,  have  been  remarkably  evolved,  we  observe  in 
that  quarter  of  the  globe,  a  perpetually  growing  attention  to  the 
subject  of  canals,  is  it  not  expedient,  is  it  not  wise  for  us  to  en- 
gage in  making  them  ?  No  country  is  more  susceptible  of  all 
their  benefits  than  ours — none  of  large  extent  presents  fewer  im- 
pediments to  their  construction.  They  constitute  improvements 
peculiarly  fit  for  a  republic.  They  contribute  equally  to  the 
safety  and  opulence  of  the  people,  and  the  reputation  and  resour- 
ces of  the  government.  They  are  equally  desirable  in  reference 
to  the  employments  of  peace,  and  the  operations  of  war.  In 
whatever  light  they  are  viewed,  they  seem  to  combine  the  sub- 
stantial glories  of  the  most  splendid  and  permanent  utility. 
Practicability  But  if  the  execution  of  those  of  which  we  are  the  advocates  be 
ofthep,an,&c*  impracticable,  or  would  involve  an  expense  disproportionate  to 
their  value,  they  can  have  no  claim  upon  the  favor  of  the  national 
legislature.  On  these  topics,  we  entertain  no  doubts.  The  mi- 
nute examination  which  has  been  made  this  season,  under  our  su- 
perintendence, of  all  the  lands  which  these  canals  will  traverse,  has 
convinced  us,  that  an  expenditure  not  exceeding  ten  millions  of 
dollars  would  be  sufficient  to  perfect  them.  Shall  they  remain 
unattempted  ?  The  state  of  New-York  is  not  unaware  of  her  in- 
terests, nor  disinclined  to  prosecute  them  ;  but  where  those  of  the 
general  government  are  united  with  hers,  and  seem  to  be  para- 
mount, she  deems  it  her  duty  to  ask  for  their  assistance.  Where- 
fore, in  her  behalf,  we  solicit  your  honorable  body  to  make  such 
an  appropriation,  in  lands  or  money,  to  aid  in  the  construction  of 
these  canals,  as  you,  in  your  wisdom,  may  think  reasonable  and 
just. 


c 


CANAL  LAWS,  207 

fey  order,  and  in  behalf  of  the  said  commissioners,  at  a  meeting  1817. 
held  in  Albany,  on  the  10th  of  November,  1816.  1 — ~v  f 

Erio  and 

DE  WITT  CLINTON,  President,    champiaiu  ca- 
nals. 


Copy  of  a  letter  to  the  Governor  of  the  state  of  Ohio. 

Albany,  1 1th  November,  1816, 

SIR, 

By  an  act  of  the  legislature  of  the  state  of  New-York,  passed  Le,ter  *° 

ii  •    •  r  of  Ohio. 

at  the  last  session,  a  board  of  commissioners  was  constituted  for 
the  purpose  of  ascertaining  the  practicability  of  connecting,  by  a 
canal,  the  navigable  waters  of  the  Hudson  river  with  Lake  Erie. 
As  the  organ  of  that  board,  and  in  compliance  with  the  requisi- 
tions of  said  act,  I  beg  leave,  through  you,  to  solicit  the  attention 
of  the  honorable  the  legislature  of  the  state  of  Ohio,  to  this  inter- 
Csting  subject. 

A  careful  examination,  by  competent  engineers,  of  the  route  oi 
the  contemplated  canal,  fully  authorises  the  belief,  that  it  can  be 
made  at  an  expense,  which,  although  considerable,  will  be  vastly 
overbalanced  by  the  utility  of  the  object.  A  facility  in  the  trans- 
portation to  market  of  the  abundant  productions  of  the  west — a 
rapid  and  easy  interchange  of  commodities  of  foreign  and  domes- 
tic growth — an  increasing  activity  in  commercial  and  agricultu- 
ral pursuits,  and  a  consequent  enhancement  in  the  value  of  lands, 
are  some  of  the  most  obvious  benefits  to  be  realized  from  a  com- 
munication between  the  great  lakes  and  the  Atlantic,  by  means 
of  a  navigable  canal. 

Nor  can  it  be  disputed,  that  from  the  local  situation  of  the  state 
of  Ohio,  the  luxuriance  of  her  soil,  her  growing  wealth  and  in- 
creasing population,  she  will  be  among  the  first  to  enjoy  these 
advantages. 

As  the  citizens  of  the  state  of  Ohio,  in  common  with  those  of 
the  state  of  New-York,  will  enjoy  the  benefits  of  this  improve- 
ment in  the  means  of  internal  communication,  it  seems  to  be  the 
dictate  of  justice,  that  with  tiiem,  they  should  also  partjeipate  in 
the  expense. 

The  legislature  of  the  state,  distinguished  for  patriotism  and 
liberality,  are  therefore,  respectfully  invited  to  partake  with  N#W 


3S 


m  CANAL  LAWS,  kc. 

1817.  York,  in  the  lasting  advantages  and  immortal  honor  resulting 
v — "V — from  the  accomplishment  of  an  object  so  important. 

Erie  and  r  _  ,         \     .  r  , 

Champiain  ca-  1  have  the  honor  to  be,  &C. 

n31*  DE  WITT  CLINTON, 

President  of  the  Board  of  Canal  Commissioners^ 
Excellency  the  Governor  of  Ohio. 


comm'unfcatei0  The  f°regoing  tetter  was  communicated  by  the  Governor,  to 
lltothrt!fgi8la*tne  Senate  and  House  of  Representatives  of  the  state  of  Ohio,  as 

tare  of  Ms  state.  r 

follows  : 

"  I  communicate  to  you  copies  of  a  letter  from  De  Witt  Clin- 
ton, Esq.  president  of  the  board  of  canal  commissioners  in  the 
state  of  New-York.  That  state  contemplates  making  a  canal 
which  will  connect  the  navigable  waters  of  the  Hudson  river  with 
Lake  Erie. 

T  The  advantages  of  such  a  water  communication  to  the  state 
of  Ohio,  generally,  and  in  a  particular  manner  to  the  northernpart 
of  it,  are  so  manifest,  that  I  am  persuaded  you  will  not  hesitate 
to  give  the  subject  that  careful  examination,  its  great  importance 
requires. 

"  I  recommend  to  your  consideration  the  propriety  of  using 
such  means  as  you  may  deem  proper,  td  ascertain  the  practica- 
bility and  expense  of  the  contemplated  canal.  Should  the  infor- 
mation obtained  on  these  points,  be  satisfactory,  it  will  become 
the  duty  of  the  people  of  Ohio  to  give  all  the  aid  in  their  power, 
towards  effecting  an  object,  in  which  they  are  so  deeply  interes- 
ted." 

On  the  subject  of  this  communication,  a  joint  committee  of 
both  houses  of  the  legislature  of  the  state  of  Ohio  was  appoint- 
ed, who  made  the  following  report 
Report  of  joint    The  j°mt  committee  to  whom  was  referred  the  communication 

committee  of  0f  njs  Excellency  the  Governor,  of  the  eleventh  ult.  together  with 

both  houses  in  .  ° 

ObPo.  the  accompanying  letter  from  the  honorable  De  Witt  Clinton,  on 

the  subject  of  the  contemplated  canal  from  Lake  Erie  to  the  Hud- 
son River,  have  had  the  same  under  consideration,  and  now  sub- 
mit the  following  report : — 

From  a  view  of  the  subject  submitted  to  their  consideration, 
your  committee  are  fully  impressed  with  the  belief,  that  the  ma- 
king of  a  canal  from  the  Hudson  river  to  Lake  Erie,  is  an  object 
of  the  first  importance  to  this  state,  and  the  United  States  in  gera- 
f*fa).  froth  in  a  commercial  and  in  a  political  point  of  view.  The 


CANAL  LAWS,  kc. 


facility  which  it  will  aflbrd  to  the  exportation  of  the  surplus  pro-  1817. 
duce  of  our  luxuriant  soil,  and  the  consequent  encouragement  of  v*^v-^ 
agricultural  and  commercial  enterprize,  are  objects  too  obvious  to  champion* 
pass  unnoticed,  and  of  too  much  importance  to  be  neglected ;  as  na,s- 
affording  a  safe,  easy,  and  expeditious  mean  of  a  mutual  inter- 
change of  commodities  between  different  sections  of  our  common 
country,  highly  advantageous  to  all,  as  increasing  the  commercial 
connexions,  friendly  intercourse,  and  ties  of  interest,  and  by  these 
means  strengthening  the  bonds  of  union  between  remote  parts  of 
the  nation.    The  contemplated  canal  presents  advantages  vastly 
superior  to  those  resulting  from  any  work  of  the  kind,  accomplish- 
ed by  the  industry  of  man,  in  any  age  or  country. 

From  a  geographical  view  of  the  state  of  Ohio,  extending  for  a 
great  distance  on  its  northern  frontier  along  the  extensive  naviga- 
ble waters  of  the  St.  Lawrence,  presenting  all  the  advantages  of  a 
northern  market,  and  washed  on  the  eastern  and  southern  boun- 
daries by  one  of  the  great  branches  of  the  Mississippi,  affording 
an  easy  access  to  a  soudiern  market,  and  a  facility  in  obtaining  the 
various  productions  of  the  south ;  connecting  the  northern  with 
the  southern,  and  the  western  with  the  Atlantic  States  :  Consid- 
ering its  happy  climate  and  the  luxuriant  fertility  of  its  soil,  in- 
tersected by  navigable  rivers,  and  unbroken  by  mountains,  we 
are  struck  with  its  natural  advantages,  which,  if  improved  by  an 
enlightened  and  liberal  policy,  will  render  the  situation  of  Ohio 
inferior  to  that  of  no  state  in  the  Union,  or  country  in  the  world. 
Among  these  improvements  the  contemplated  canal  is  unques- 
tionably of  the  first  importance.  Sensible  that  a  work  of  such 
magnitude  cannot  be  effected  without  the  united  and  vigorous 
exertions  of  those  interested  ;  and  fully  impressed  with  the  belief 
that  the  greatest  advantages  will  result  to  the  United  States  gen- 
erally, and  particularly  to  the  state  of  Ohio,  as  well  as  the  state 
of  New-York,  from  the  completion  of  the  contemplated  canal  ; 
your  committee  are  clearly  of  opinion,  that  true  policy  as  well 
as  justice,  require  the  state  of  Ohio,  to  lend  its  aid  to  the  accom- 
plishment of  a  work  of  such  incalculable  utility  :  We  are  at  the 
same  time  sensible,  that  the  funds  of  this  state  will  not  permit  us 
to  aid  in  the  undertaking,  in  that  proportion  which  might  be 
expected  from  the  relative  population  of  the  state. 

Your  committee  have  had  no  accurate  means  of  ascertaining 
the  probable  expense  of  the  proposed  canal ;  but  from  the  best 
information  they  have  been  able  to  obtain,  they  are  induced  to 


CANAL  LAWS,  &c. 


^hereupon. 


1317.  believe  that  the  work  is  not  only  practicable,  but  can  be  acconv* 
^ — v  '  plished  at  an  expense  within  the  reach  of  those  interested :  and 

Erie  and      .  .  .  .  . 

Champiain  ca-  irom  the  enterprising  spirit  and  enlightened  policy  of  the  state  of 
New- York,  they  feel  little  hesitation  in  believing  that  it  will  be 
undertaken. 

Your  committee  are  at  present  unable  to  point  out  or  recom- 
mend any  particular  method  of  aiding  in  the  proposed  work,  not 
being  in  possession  of  any  information  relative  to  the  system  or 
plan  which  may  be  adopted  by  the  state  of  New-York,  for  effect- 
ing the  object. 

Your  committee  respectfully  submit  for  consideration  the  fol- 
lowing resolutions. 

Resolution  Resolved,  by  the  general  assembly  of  the  state  of  Ohio,  That 
this  state  will  aid,  as  far  as  its  resources  will  justify,  in  making 
the  contemplated  canal  from  Lake' Erie  to  the  Hudson  river,  in 
such  a  manner  as  may  be  deemed  most  advisable,  when  the  plan 
or  system  which  may  be  adopted  by  the  state  of  New- York,  for 
the  accomplishment  of  that  work,  may  be  known  ;  and  that  his 
Excellency  the  Governor,  be  requested  to  open  a  correspondence 
with  the  Honorable  De  Witt  Clinton,  or  such  other  persons  as 
he  may  think  necessary,  and  take  such  other  means  as  he  may 
deem  advisable,  in  order  to  ascertain  the  practicability  and  prob- 
able expense  of  making  said  canal ;  the  probable  time  when  the 
same  will  be  commenced ;  the  plan  which  may  be  adopted  to 
carry  it  into  effect,  and  such  other  information  as  he  may  deem 
important  or  useful,  and  communicate  the  same  to  the  General 
Assembly  at  their  next  session. 

Resolved,  That  his  Excellency  the  Governor,  be  requested  to. 
transmit  a  copy  of  the  foregoing  report  and  resolution  to  the  Ex- 
ecutive of  the  state  of  New-York,  and  to  the  Honorable  De  Witt 
Clinton,  president  of  the  board  of  .commissioners  for  the  canal 
from  Lake  Erie  to  Hudson's  river. 

THOMAS  KIRKER, 
Speaker  of  the  House  of  Representatives. 
ABRAHAM  SHEPHERD, 

Speaker  of  the  Senate* 

January  21th,  1817. 

Secretary  of  State's  Office,  ) 
Columbus,  Ohio,  14th  February,  1817.  5 
I  certify  the  foregoing  to  be  a  correct  copy  of  the  original 
lemaining  on  file  in  this  office. 

TER.  M'SJM,  Secretary  of  State, 


CA$\L  LAWS, 


This  report  was  enclosed  to  the  president  of  the  board  of  com-  1817. 
missioners,  by  his  Excellency  the  Governor  of  that  state,  in  the  v*^-v-^^ 
following  letter.  ttSptocv 
Executive  Office,  Columbus,  Feb.  10th,  1817.     Letter  of  Gov. 
Sir,  of  0hi0' 

Your  letter  of  the  1 1th  of  November,  was  received  in  due  time, 
and  communicated  to  the  general  assembly  of  Ohio,  as  you  will 
perceive,  by  the  resolutions,  which  I  have  the  honor  now  to  en- 
dose  to  you.  Any  information  which  you  may  deem  proper  to 
communicate,  in  addition  to  that  requested  by  the  first  resolution, 
will  be  thankfully  received  and  laid  before  the  legislature  of 
Ohio,  at  their  next  session. 

Very  respectfully, 

T.  WORTHINGTON. 

De  Witt  Clinton,  Esquire. 

Applications,  similar  to  the  one  herein  before  contained  to 
Ohio,  have  been  made,  by  the  commissioners,  to  the  states  of 
Vermont  and  Kentucky,  from  which  no  answers  have  hitherto 
been  received. 

Miscellaneous  particulars  of  information  respecting  the  Middlesex 
canal,  near  Boston,  in  the  state  of  Massachusetts. 
The  following  information,  respecting  the  Middlesex  canal, 

.  Part  culars 

was  obtained  in  May  last,  by  two  of  the  commissioners  who  vis-  concerning 
itcd  and  carefully  examined  that  canal,  throughout  its  whole  ex-  Uai?dIesex  °a 


tent,  and  committed  to  writing,  on  the  spot,  the  result  of  their 
own  observations,  as  well  as  the  answers  to  all  their  enquiries, 
which  were  obligingly  given,  by  the  very  intelligent  agent  (Mr. 
Sullivan)  of  the  canal  company. 

The  canal  is  27  miles  long,  and  connects  the  tide-water,  in 
Boston  harbor,  at  Charlestown,  with  the  Merrimack  river.  The 
water  in  the  canal  is  30  feet  wide  at  its  surface,  20  feet  at  itsbot- 
om,  and  3  feet  deep.    The  Concord  or  Sudbury  river  crosses 
he  line  of  the  canal  on  the  summit  level,  22  miles  from  Charles- 
own,  and  5  miles  from  the  junction  of  the  canal  with  the  Merri- 
nack,  and  wholly  supplies  it  with  water  for  locking  down  each 
|.vty  from  the  summit  level.    From  tide-water  to  the  summit  level 
|s  an  ascent  of  104  feet,  and  from  thence  to  the  Merrimack,  a  de- 
cent of  32  feet.    There  are.  in  all,  20  locks,  of  different  lifts,  of 


CANAt  LAWS;  he. 


1 317.    which  the  highest  is  12  feet.    These  locks  are  75  feet  long  in  the 

%  y  *  clear,  10  feet  wide  at  the  bottom,  and  11  feet  at  the  top. 

champiain  ca-  Boats,  for  the  transportation  of  merchandise  and  produce,  car- 
nals*  ry  14  tons,  and  are  drawn  by  one  horse  3  miles  an  hour.  Packet- 

boats  pass  the  whole  length  in  5  hours  coming  down,  and  7  hours 
going  up.  To  each  boat  there  are  three  men  j  two,  however, 
are  sufficient  to  manage  the  boat  on  the  canal,  the  other  being 
wanted  only  on  the  Merrimack  river.  From  the  summit  level 
down  the  canal  there  is  a  current  which  exceeds  in  no  place  half 
a  mile  per  hour,  there  being  a  fall  or  descent  in  the  canal  of  one 
inch  per  mile.  The  expense  of  transporting  a  ton  the  whole 
length  of  the  canal  is  $3  50,  of  which  sum  $1  70,  is  toll,  and 
$1  80  is  freight. 

Across  the  canal  there  are  50  bridges  made  by  the  canal  com- 
pany ;  they  consist  of  2  stone  abutments  (1  on  each  side  of  the 
canal)  20  feet  apart :  from  one  of  these  abutments  to  the  other, 
are  laid  sills  or  string-pieces,  of  wood,  covered  with  plank,  and 
of  sufficient  heighth  for  the  towing  horses  to  pass  under.  The 
towing  path  under  the  bridges  occupies  6  or  7  feet. 

Two  miles  from  the  lower  end  of  the  canal,  Mystick  river,  a 
turnpike  road,  and  the  canal  run  a  little  distance  parallel  with 
each  other,  the  road  being  between  the  canal  and  river.  Here  is 
afforded  a  good  opportunity  of  comparing  the  relative  advantages 
of  these  three  modes  of  conveyance. 

Heavier  boats  than  those  above  mentioned,  are  used  on  the  ca- 
nal for  the  transportation  of  fire-wood,  lumber,  &c. :  they  are 
shaped  like  a  scow  ;  are  75  feet  long,  9  1-2  feet  wide,  and  carry 
25  tons  of  wood. 

The  towing  path  is  generally  8  feet  wide,  so  that  horses  and 
oxen  may  easily  pass  each  other.  On  the  opposite  side  of  the 
canal,  where  a  towing  path  is  not  wanted,  the  upper  surface  o! 
the  bank  or  embankment,  is  5  feet  wide,  and  this  is  found  to  be 
sufficient.  A  branch-canal,  or  side-cut,  is  made  to  connect  the 
main  canal  with  Mystick  river,  near  Medford ;  this  is  owned  b) 
a  separate  company,  and  is  principally  used  for  transporting 
timber  to  Medford  for  ship-building. 

The  canal  company  was  incorporated  in  1789,  and  the  nex 
year  commenced  the  work  of  making  the  canal.  When  the  ca- 
nal was  begun  the  price  of  labor,  by  the  month,  was  $8.  Th< 
canal  was  opened  for  use  in  1804,  though  not  completed  in  1808 
When  Mr<  Sullivan  took  charge  of  it.    Some  repairs  and  nev 


canal  Laws,  &lc. 


constructions  have  been  made  every  year  since.    In  assessments  1817. 
upon  the  proprietors,   there  has  been  laid  out  on  the  canal  V*^T~"V 
i  $528,000,  and  about  $00,000  more,  derived  from  tolls,  has  been  Cbuaplaia  <•;> 
expended  in  buildings,  wharves,  &x.    At  Medford  is  a  swivel 
bridge,  which  is  found  to  be  very  inconvenient.    The  principal 
articles  transported  on  the  canal,  are  wood,  timber,  lumber  of 
all  kinds,  pot  and  pearl-ashes,  rye,  oats,  provisions,  and  building 
stone  from  the  Merrimack  to  Boston.  Last  year  12,000  cords  of 
wood  were  transported  down  the  canal,  and  there  are  more  tons 
of  timber,  in  rafts,  brought  down,  than  of  wood. 

More  than  one  half  of  the  whole  length  of  the  canal  is  more  or 
less  embanked,  or  raised  above  the  natural  surface  of  the  ground. 
Above  Medford  is  an  aqueduct  across  the  Mystick  river,  of  which 
the  abutments  are  100  feet  apart,  and  between  them  are  three 
stone  piers,  each  8  feet  thick,  for  supporting  the  aqueduct.  The 
tide  flows  up  the  Mystick  river  above  this  place.  The  surface 
of  the  water  in  the  aqueduct,  is  10  feet  above  the  surface  of  the 
water  in  the  river  below,  at  high  water.  This  aqueduct  consists 
of  a  kind  of  trough,  made  of  timber  and  plank,  which  has  stood 
1G  years,  but  is  beginning  to  decay.  The  timber  is  framed  to- 
gether in  the  usual  -way  of  carpenter's  work,  by  tenons  and 
mortises,  and  strengthened  by  braces.  As  tenons  soon  rot 
and  give  way,  it  might  have  been  made  on  a  better  and  more 
%:  durable  construction,  with  knees  and  bolts,  in  the  manner  of  ship- 
building.   At  the  upper  end  of  the  aqueduct  is  a  lock  of  12  feet 

IP- 
Mr.  Weston,  an  English  engineer,  took  the  levels  of  the  whole 

length  of  the  line  of  this  canal,  part  of  the  way  on  two  routes. 

fie  estimated  the  expense  of  making  it,  at  100,000/.  sterling, 

The  company  went  on  to  make  the  canal,  without  any  further  aid 

Yom  an>-  European  engineer,  and  found  Mr.  Weston's  levels  to  be 

\  correct. 

Over  Syms'  river  is  an  aqueduct,  of  which  the  abutments  are 
,  20  feet  apart,  with  three  intervening  piers.    The  water  in  the 
queduct  is  30  feet  higher  than  the  water  in  the  stream  below. 
Fhese  aqueducts  all  afford  convenient  w  aste-weirs.    When  the 
'ater  is  not  drawn  off  from  the  canal  at  the  commencement  of 
w  ['inter,  the  expansion  of  its  freezing  spreads  and  injures  the  tim- 
ers of  the  aqueducts  ;  wherefore  it  is  the  practice,  just  before 
ie  winter  sets  in,  to  draw  oil"  about  one-third  of  the  w  ater, 
i  Half  a  mile  above  the  last  mentioned  aqueduct,  is  deep  cuf« 


CANAL  LAWS,  fee. 


1817*    ting,  40  rods  in  length,  through  loose  sand  and  gravel.    In  the 

N  v  '  deepest  part,  the  excavation  is  20  feet  below  the  natural  surface 

Cbamplainca-of  the  earth;  and  the  part  excavated,  is  here,  from  90  to  100  feet 
nals>  in  width,  at  the  top.    The  earth  was  chiefly  carried  away  in 

wheel-barrows,  some  in  carts,  to  an  embankment  just  above,  on 
the  right  side.  Haifa  mile  higher  up,  the  earth  is  very  porous, 
and  on  the  right  side  the  water  leaks  out  through  or  under  an 
embankment :  this  might  have  been  prevented  by  putting  two 
or  three  feet  of  water-tight  stuff  in  the  bottom  of  the  canal. 

Near  this  place  are  two  water-gates,  by  which  the  water  of 
the  canal  is  drawn  off,  in  the  spring,  for  the  purpose  of  clearing 
out  the  earth,  stones,  &c.  which  fall  into  it  and  injure  the  navi- 
gation.   The  expense  of  this,  is  perhaps  $500  a  year. 

Mr.  Sullivan  states,  that  he  has  had  a  steam-boat  on  the  Mer- 
rimack river,  for  the  purpose  of  towing  boats ;  he  found  that  a 
man,  by  a  rope,  could  easily  hold  a  boat  in  tow,  immediately 
astern  of  the  steam-boat,  which  would  require  a  horse,  on  the 
bank  of  the  river,  to  tow  with  the  same  velocity :  such,  in  his 
opinion,  is  the  great  diminution  of  the  resistance  of  the  water 
to  the  head  of  a  boat  which  is  drawn  in  the  wake  of  another 
boat. 

For  some  weeks  in  the  spring,  the  canal  leaks  much  more 
than  it  does  the  remainder  of  the  season  :  this  is  because  the 
banks  had  been  recently  swelled  and  loosened  by  the  action  of 
the  frost.  Three  men,  with  a  horse  and  boat,  are,  in  the  sum- 
mer, constantly  employed  to  keep  the  banks,  and  particularly  the 
towing  paths,  in  order. 

The  lands,  within  6  miles  of  the  canal,  on  each  side,  have  increas- 
ed one-third  in  price  ;  while  land  in  the  country,  generally,  re- 
tains its  former  value.  In  the  state  of  New-Hampshire,  through 
which  the  Merrimack  flows,  timber  is  now  worth  from  1  to  3 
dollars  per  ton,  standing  :  before  the  canal  was  made  it  was 
worth  nothing  ;  so  that  in  the  article  of  timber  alone,  that  state  is 
supposed  to  have  been  benefited  to  the  amount  of  at  least  5,000,OOC 
of  dollars.  The  woodland  there,  has  risen  in  price,  since  the  open- 
ing of  the  canal,  from  $2  per  acre,  to  $6,  gS  and  §10  per  acre 
Tn  Woburn,  a  pretty  high  embankment,  which  was  made  in  tin 
winter,  across  a  marsh,  sunk  down  in  the  spring  at  the  breaking 
up  of  the  frost,  so  that  its  top  was  just  level  with  the  natura 
earth :  another  embankment  was  then  raised  upon  it.  Nea 
fhis  place,  the  canal,  by  a  deep  cutting  of  25  feet,  passes  throuffi 


CANAL  LAWS,  &c 


605 


a  bill.    An  embankment  at  Maple  meadow,  in  the  town  of  Wil-  1817. 
mington,  is  near  80  rods  long,  and  25  feet  high,  to  the  top  ^— v — 
of  the  towing  path.    At  a  place  called  the  Sinking  Meadow,  in  Ch^™epla™ 
the  above  named  town,  an  embankment  is  made  across  anal3- 
marsh  of  about  30  rods  in  extent.    When  this  embankment  was 
commenced,  it  was  found  that  the  dirt  and  stufl'  carried  on  to  form 
the  embankment,  kept  gradually  sinking  into  the  mar.^h  ;  when 
measures  were  taken  to  ascertain  how  much  it  would  sink  ;  the 
laborers  continued  to  carry  on  stuff,  which  gradually  went  down, 
until  the  whole  embankment  sunk  to  the  depth  of  60  feet !  The 
great  expense  of  making  this  embankment  across  the  marsh  might 
have  been  foreseen  and  prevented.    The  depth  and  softness  of 
the  marsh  might  have  been  ascertained  by  sounding  it  with  an 
iron  rod,  and  by  conducting  the  canal  circuitously  around  its 
margin,  a  solid  foundation  might  have  been  secured. 

By  the  act  of  incorporation,  the  legislature  authorised  the 
company  to  occupy  five  rods  of  land,  in  width,  on  one 
side  of  the  centre  of  the  canal,  and  3  rods  on  the  other.  If  the 
owners  of  the  land  did  not  apply  for  pay  within  a  year,  it  was 
deemed  a  donation.  In  the  statement  of  monies  expended,  be- 
fore made,  are  included  the  costs  of  several  law  suits,  the  build- 
ing of  boats,  of  offices,  the  purchase  of  70  acres  of  land,  and  the 
.erection  of  mills  at  Billerica.  The  land  and  mills  cost  $10,000. 
There  is  no  income  derived  from  hiring  out  water  privileges 
for  hydraulic- operations.  The  canal  receives  its  whole  supply 
of  water  from  the  Concord  river ;  and  if  any  were  let  out  for 
hydraulic  purposes,  a  current  would  be  created,  the  inconve- 
niences of  which  would  probably  more  than  counterbalance  all 
die  advantages  of  income. 

Either  through  design  or  accident,  logs,  stumps  and  sticks, 
were  in  seme  places  left  in  the  bank  when  the  canal  was  made; 
^nd  these,  having  now  become  rotten,  leave  unsound  places 
through  which  the  water  escapes.  A  great  part  of  the  canal 
was  made  by  contractors  in  small  parts  or  jobs,  and  where  two 
jobs  of  embankment  met  each  other,  the  workmen  did  not,  in 
ome  cases,  take  the  precaution  to  prevent  the  stones,  as  they 
;hrew  on  the  stuff,  from  rolling  down  together  from  each  end  of 
he  separate  job,  and  thereby  forming  a  loose,  poms  and  leaky 
>lace  in  the  embankment. 

The  aqueduct  over  the  Shawsheen  river  is,  between  the  abut- 
Hats,  mo  feet.    The  water  in  it,  is  35  feet  higher  than  the  sor- 

30 


CANAL  LAWS,  fce. 


1817.  face  of  the  river  below.  This  aqueduct  has  been  made  2d 
v— /  years ;  it  is,  like  the  other  aqueducts  on  this  canal,  made  of  wood, 
ptafn  canals™  anc^  1S  s0  mucn  decayed  as  to  require  temporary  props  to  sup- 
port it.  There  are  three  piers  between  the  abutments;  and  be- 
tween the  outside  pier  and  the  abutment  on  each  side,  there  is  a 
kind  of  wood  pier.  On  the  inside,  or  river  side,  of  both  the  abut- 
ments, and  on  both  sides  of  the  piers,  at  suitable  distances,  large 
horizontal  timbers  are  embedded,  which  serve  to  support  the 
lower  ends  of  the  aqueduct  braces :  when  these  timbers  become 
rotten,  the  stone  work  will  probably  fall  down.  From  each  end 
of  this  aqueduct  to  the  distance  of  500  feet,  is  an  embankment 
nearly  35  feet  high. 

During  the  war,  the  timber  used  to  repair  the  Constitution  fri- 
gate, was  brought  down  the  canal  to  Boston,  and  that  used  to 
build  the  Independence  seventy-four,  except  the  live  oak,  was 
procured  through  the  same  channel,  as  also  were  many  of  the 
masts,  spars,  &c.  which  were  furnished  at  Boston  to  our  ves- 
sels of  war.  Without  the  canal,  this  part  of  the  country  could 
not  have  supplied  these  necessary  articles. 

In  approaching  the  Concord  river,  the  canal  passes  through 
half  a  mile  of  deep-cutting,  800  feet  of  which  is  excavated  by 
blasting  through  a  hard  granite  rock.  In  seme  places,  this 
blasting  was  carried  7  feet  into  the  rock,  and  from  14  to  20  feet 
wide.  The  deep-cutting  for  this  half  mile,  is  from  12  to  20 
feet. 

Across  the  Concord  river,  a  few  rods  below  the  line  of  the 
canal,  a  dam  150  feet  long,  and  8  feet  high,  is  made.  This  cre- 
ates a  pond,  out  of  which,  through  the  deep  cutting,  last  men- 
tioned, the  water  flows  and  supplies  the  canal  22  miles  to  Charles 
town,  at  the  tide-water.  From  the  other  side  of  the  pond  the  wa- 
ter flows  through  the  canal,  5  miles,  to  the  Merrimack  river.  The 
water  which  supplies  the  22  miles  of  canal,  passes  through  a  ho- 
rizontal aperture,  of  6  feet  by  1,  with  a  head  of  2  feet  water 
above  the  upper  side  of  the  aperture.  The  towing  path  is  car- 
ried across  the  pond  by  means  ef  a  floating  bridge,  a  part  oi 
which  is  occasionally  drawn  up  to  let  the  logs,  timber,  and  drift- 
wood, which  collect  above,  pass  through.  There  are  two  waste- 
gates  in  the  dam,  by  which  the  height  of  the  water  in  the  pond 
can,  in  some  measure,  be  regulated. 

In  Chelmsford,  within  60  rods  of  the  Merrimack,  is  an  aque 
3uct  of  which  the  abutments  are  110  feet  apart,  and  there  art 


C  ANAL  LAWS,  fife. 


307 


H  ten  wood  piers  to  support  it.    The  water  in  the  aqueduct,  is  1817. 

16  feet  higher  than  the  stream  below.    Between  this '  aqueduct '  y^"~~ 

and  the  Merrimack,  is  a  fall  of  32  feet,  and  3  locks  of  durable  piaincanal*1*" 
stone  masonry,  in  tarrass  mortar.  Where  the  canal  joins  the 
!  Merrimack,  a  basin  is  excavated  10  or  12  feet  below  the  natural 
surface  of  the  earth,  and  5  feet  below  the  surface  of  the  river,  at 
low  water.  The  extent  of  the  basin  is  about  200  feet  on  the 
shore  of  the  river,  and  half  that  distance  on  a  line  at  right  angles 
with  the  shore,  being  nearly  semi-circular.  There  are,  in  all, 
7  aqueducts  on  the  canal,  but  those  not  mentioned  above,  are 
very  inconsiderable  :  there  are  also  several  culverts. — Grass 
grows  in  the  bottom  of  the  canal,  and  obstructs  the  passage  of 
the  water,  in  autumn,  to  such  a  degree,  that  at  the  lower  end  of 
the  canal,  22  miles  from  its  source,  the  water  is  sometimes  9 
inches  lower  than  it  otherwise  would  be.  To  remedy  this  incon- 
venience, a  man  is  employed,  who  wades  along  the  canal,  and 
mows  off  the  grass,  under  water,  with  a  scythe.  During  the 
winter  season,  while  the  canal  was  not  used,  the  muskrats  would 
sometimes  burrow  into  it,  and  endanger  the  breaking  of  the 
banks ;  in  consequence  of  which,  the  company  had  offered  a 
bounty  of  fifty  cents,  for  every  one  that  should  be  destroyed 
within  a  certain  distance  of  the  canal.  This  bounty  had  caused 
their  destruction  to  such  an  extent,  that  very  little  apprehension 
was  entertained  of  their  doing  injury. 

It  was  the  original  design  of  the  company,  to  employ  three' 
officers  on  the  canal,  viz  :  a  superintendent,  a  treasurer  and 
clerk  ;  but  that  project  has  been  abandoned,  and  those  three  offi- 
cers are  now  united  in  Mr.  Sullivan.  His  compensation  is  a  sa- 
lary of  £1,500  a  year,  besides  5  per  cent,  on  all  the  tolls  or  re- 
•  ceipts,  which  are  warranted  not  to  fall  short  of  .$20,000  per 
annum. 

The  receipts  of  the  company,  from  the  canal,  are  rapidly  in- 
creasing, The  income,  in  1808,  was  £7,000  ;  in  1809,  $9,000  ; 
in  1S10,  £14,000;  in  1811,  £17,000;  last  year,  $25,000;  and 
this  year,  (1816)  it  will,  undoubtedly,  exceed  $30,000. 


208 


CANAL  LAWS,  &c. 


1817. 

*  v  '  Copy  of  m  Letter  to  Paul  Busti,  Esq.  Agent  of  the  Holland 

plaibcamSr1"    Land  Company,  from  the  President  of  the  Board  of  Com- 
missioners. 

New-York,  4th  January,  1817. 

SIR, 

I  am  charged,  by  the  Commissioners  of  canals,  to  solicit  }'Our 
tetter  to  P.  attenti°n  t0  the  donations  of  lands  heretofore  promised  by  the 
Busti.  Holland  Land  Company,  but  which  was  not  consummated,  on 

account  of  the  late  wa-.  which  rendered  it  almost  impracticable 
for  the  state  to  embark  in  an  undertaking  of  such  magnitude 
and  expense,  at  that  time. 

The  commissioners  are  anxious  to  know,  with  all  convenient 
speed,  whether  you  will  renew  the  grant,  and  add  to  it  the  lands 
through  which  the  canal  will  pass,,  and  which  may  be  necessary 
for  the  operation,  on  condition  that  the  canal  shall  be  completed 
within  twenty  j-ears.    The  lands,  of  course,  will  not  be  taxed. 

Your  prompt  answer  will  oblige  the  board  of  commissioners, 
who  are  required,  by  law,  to  make  a  report  to  the  legislature,  on 
the  subject  of  the  canal,  some  time  in  the  beginning  of  Februa- 
ry ;  and  I  have  only  to  add,  that  the  whole  route  has  been  sur- 
veyed ;  that  the  practicability  and  comparative  cheapness  of  the 
canal,  have  been  satisfactorily  ascertained,  and  that  a  liberal 
spirit  manifested  by  the  great  landed  proprietors  on  this  occa- 
sion, may  have  a  benign  effect,  in  promoting  this  great  object. 
Very  respectfully,  I  am,  sir, 
Your  obedient  servant, 

DE  WITT  CLINTON, 
President  of  the  board  of  Canal  Commissioners. 
Paul  Busti,  Esq. 


Answer  to  the  foregoing  Letter. 

Philadelphia,  January  9th,  1817. 

SIR, 

Answer  there-  I  have  had  the  honor  of  receiving  your  letter  of  the  4th  in- 
stant, on  the  subject  of  the  renewal  of  the  donation  of  lands, 
heretofore  made  by  the  Holland  Land  Company,  for  promoting 
the  execution  of  canal  navigation,  from  Lake  Erie  to  the  Hud- 


Canal  laws,  Uc  .  ao<j 

son  river,  but  which,  in  consequence  of  a  postponement  ol  this  1S17. 

great  undertaking,  has  reverted  to  the  company.  v  v  

I  am  not  prepared  to  give  a  definite  reply  to  your  enquiry. —  pjjSj^JjJjJ111" 
I  must  content  myself,  for. the  present,  to  assure  you,  that  the 
disposition  of  the  Holland  Land  Company,  to  aid  so  important 
a  work,  remains  unaltered.  The  only  question  has  been,  the 
best  manner  in  which  they  can  give  effect  to  their  wish  of  contri- 
buting towards  effecting  it.  With  this  view,  I  have,  some  time 
since,  consulted  Jos.  Ellicott,  Esq.  (the  company's  agent  at  Ba- 
tavia)  on  this  subject,  and  flatter  myself  with  having  it  in  ms 
power,  shortly,  to  offer  to  the  board  of  canal  commissioners,  the 
Holland  Land  Company's  donation,  in  lands,  on  such  terms  as  I 
trust,  will  be  perfectly  satisfactory  to  the  gentlemen  commission- 
ers, and  furnish  a  further  proof of  the  sincere  disposition  of  m\ 
constituents,  to  aid  undertakings  of  public  utility. 
I  have  the  honor  to  be,  very  respectfully,  sir, 

Your  most  obed't.  servant, 
PAUL  BUSTf. 

De  Witt  Clinton,  Esq.  President 

of  the  board  of  Canal  Commissioners,  §-c.  $*c. 


( Second  answer  from  the  same.) 

Philadelphia,  February  22d,  1817, 

Sir, 

Agreeably  to  the  promise  conveyed  by  my  respects  of  the  9th  Repiy  from  p. 
ult.  I  have  now  the  honor  of  waiting  on  you  with  the  Holland  Bu?tl" 
Land  Company's  offer  of  contributing  to  the  making  of  a  canal 
navigation  from  the  east  end  of  Lake  Erie  to  the  Hudson  river. 

After  mature  reflection  and  consultation  with  Mr.  Ellicott,  on 
the  most  proper  means  of  giving  effect  to  the  Holland  Company^ 
disposition  of  aiding  a  public  undertaking  of  such  magnitude, 
and  promising  such  important  advantages  to  your  patriotic  state, 
I  have  come  to  the  determination  of  renewing,  on  the  same  terms, 
the  offer  heretofore  made  and  accepted  by  the  gentlemen  com- 
missioners in  1814,  but  which,  in  consequence  of  the  late  war, 
was  not  consummated.  I  have  been  led  to  this  selection  by  tin4 
conviction  that  I  shall  have  the  happiness  of  reconciling  the  liber- 
al views  of  my  constituents,  with  the  most  sanguine  expectations 
of  your  board.     The  acceptation  in  1814,  of  this  grant,  form< 


310 


CANAL  LAWS,  &e. 


1B17.    the  ground  of  this  conviction.    I  have  now  the  pleasure  to  re* 
'  peat  my  offer  of  conveying  to  the  state  of  New-York,  two  tracts 
Erie  and    0f  iancj  situate  in  the  county  of  Cattaraugus  and  state  of  New- 

Chainplam  ca-  _  J 

nals.  York,  containing  upwards  of  one  hundred  thousand  acres  of 

land,  on  condition,  that  the  canal  shall  be  completed  within 
twenty  years,  that  the  land  shall  not  be  taxed  during  that  period, 
and  in  case  of  failure,  that  it  shall  revert  to  the  company,  or  the 
state  remain  accountable  for  any  part  sold  or  disposed  of. — 
For  the  particulars  of  the  terms  and  conditions,  on  which  the 
grant  was  heretofore  made,  and  is  now  renewed,  I  beg  your  re- 
ference to  the  enclosed  copy  of  the  proposed  act  to  be  passed  by 
the  legislature,  and  of  the  conveyance  then  executed  by  the  Hol- 
land Land  Company,  but  since  annulled.  In  case  any  lots  in 
the  two  tracts  should  have  been  sold,  they  must  of  course  be  ex- 
cepted ;  but  I  believe  no  such  sale  has  taken  place.  As  a  fur- 
ther proof  that  the  best  wishes  of  my  constituents  for  the  success 
of  this  stupendous  work,  have  not  been  weakened  by  the  lapse  of 
time,  since  the  first  offer  reverted,  I  feel  myself  authorized  to  add 
to  that  grant  the  ground  actually  the  property  of  the  Holland 
Land  Company,  through  which  the  canal  shall  pass,  with  suffi- 
cient tow-paths  along  its  sides,  the  breadth  of  which  grant,  how- 
ever, not  to  exceed  four  rods.  This  additional  grant  I  offer  on 
condition  that  the  canal  company  shall  make,  within  the  time  lim- 
ited for  the  completion  of  the  canal,  a  good  and  safe  harbor  for 
vessels  navigating  Lake  Erie,  at  or  near  the  mouth  of  Buffalo 
creek.  To  this  condition,  I  am  persuaded  no  objection  will  be 
made.  It  is  so  intimately  connected  with  the  free  and  full  use 
of  the  canal,  that  it  really  forms  a  most  important  part  of  it. — 
That  a  safe  and  commodious  harbor  at  the  east  end  of  Lake  Erie, 
is  at  present  much  wanted,  and  would  be  an  object  of  vast  impor- 
tance to  the  trade  which  passes  through  that  inland  sea,  by  offer- 
ing security  to  their  vessels,  and  facilities  for  the  loading  and  un- 
loading of  them,  is  a  truth  known  to  every  one  acquainted  with  that 
part  of  your  state.  It  appears  to  me  equally  evident  that  the 
benefits  resulting  from  the  canal  navigation,  must  in  a  good  mea- 
sure depend  on  its  connexion  with  the  navigation  both  above  and 
below  it,  and  that  it  necessarily  becomes  an  object  of  the  last  im- 
portance to  afford  every  possible  facility  for  the  tranfer  of  the 
cargoes  of  the  canal  boats,  to  the  vessels  navigating  the  waters 
above  and  below  them.     Were  I  not  fearful  of  trespas-ing  on 


CANAL  LAWS,  fcr.  .ill 

your  valuable  time,  much  more  might  be  added  in  support  of  1817. 

this  measure,  but  it  certainly  has  not  escaped  the  clearer  pene- 

tration  of  the  gentlemen  commissioners,  and  I  ought  to  apologise ni^^fa  ^ 

for  saying  so  much  on  a  subject,  the  utility  of  which  appears  sona,s 

evident. 

I  am  ready  to  confirm  the  foregoing,  in  the  same  manner  as 
was  done  in  1814.  I  will  convey  the  lands  and  site  for  the  ca- 
nal, on  the  conditions  above  stated,  to  the  people  of  the  state  of 
New-York.  The  deed  to  remain  as  an  escrow  in  the  hands  of 
T.  L.  Ogden,  Esq.  of  New-York,  to  become  absolute  on  the  pas- 
sage of  the  proposed  act  by  the  legislature,  provided  it  be  passed 
within  one  year  from  the  date  of  the  deed. 

I  flatter  myself  with  the  hope  of  having  fully  met  the  wishes 
of  your  board,  and  of  having  afforded  them  and  the  state  of  N. 
York,  another  unequivocal  proof  that  my  constituents,  feel  the 
liveliest  interest  in  the  welfare  of  your  state,  and  that  they  are 
not  the  last  in  offering  their  mite  in  contributing  to  its  prosperity. 
I  have  the  honor  to  be, 
With  great  respect,  sir. 

Your  most  obedient  servant. 

PAUL  BUSTI, 
Agent  of  the  Holland  Land  Company. 
De  Witt  Clinton,  Esq. 
President  of  the  Grand  Canal  Company,  &:c.  Sic 


To  the  Members  of  Congress  from  the  state  of  New-York. 
The  commissioners  of  canals,  for  this  state,  have  seen  with  Considerations 
great  pleasure,  the  outlines  of  a  plan  for  appropriating  a  consid-  Memben  of 
er able  fund  to  the  internal  improvement  of  the  country ;  andtttsftetel 
they  take  the  liberty  of  respectfully  presenting  to  you  some  con- 
siderations connected  with  this  subject,  which  have  an  important 
bearing  on  the  public  prosperity. 

1st.  As  to  the  rule  to  be  adopted  for  distribution  : 
2d.  As  to  the  authority  making  the  application  of  the  monies  : 
It  appears  to  the  commissioners,  that  there  ought  to  be  no  hes- 
itation with  regard  to  the  ratio.  The  population  of  each  state 
•till  be  a  fair  and  unexceptionable  standard.  In  this  case,  the 
state  would  be  entitled  to  about  $ 85,000  annually.  The  inter- 
ests of  Ohio  being  identified  with  ours,  in  relation  to  the  Eric  ca- 


CANAL  LAWS,  fee. 


1817.    nal,  and  those  of  Vermont,  with  regard  to  the  Champlain  canal3 

* — -v  '  \t  is  reasonable  to  suppose,  that  the  contributions  from  those 

Champlain  ca-  quarters,  arising  from  the  same  source,  and  applied  to  the  same 
objects,  would  augment  the  annual  dividend,  received  by  the 
state,  to  $140,000. 

If  it  be  admitted,  as  it  undoubtedly  ought  to  be,  that  the  Erie 
canal  will  not  cost  more  than  six  millions  of  dollars,  and  the 
Champlain  canal  a  million,  the  greatest  interest  paid  for  the  mo- 
ney borrowed,  would  not  exceed  $420,000  annually  ;  but  as  the 
whole  sum  would  not  be  wanted  at  once,  it  is  obvious  that  the  al- 
lotment to  this  state  would  form  an  accumulating  fund,  which* 
with  other  resources  amply  within  our  power,  would  enable  us  to 
execute  these  great  works  without  imposing  any  taxes. 

With  regard  to  the  second  point  for  consideration,  the  com- 
missioners are  of  opinion,  that  it  would  be  a  wise  arrangement  to 
confide  the  expenditure  of  the  money  to  the  state  government,  on 
condition  that  it  be  applied  to  the  canals  in  question. 

The  commissioners  are  aware,  that  some  of  you  may  not  be 
friendly  to  the  contemplated  canals,  but  they  trust,  that  on  the 
presumption  that  these  works  will  be  undertaken,  none  of  you 
will  be  hostile  to  the  appropriation  of  an  adequate  revenue, 
which  will  promote  the  object,  without  any  inconvenience  to 
your  constituents. 

Done  at  Albany,  the  22d  day  of  January,  181?. 
By  order  of  the  commissioners. 

DE  WITT  CLINTON,  President 


(Letter  from  the  honorable  Philetus  Swift,  President  of  the  Senate.) 

Mbany,  5th  March,  1617. 

Dear  Sir, 

Letter  from  P  ^n  answer  t0  vour  inquiries  concerning  the  canal  made  for  my 
Swift.  mills  in  Pheljjfstown,  I  can  state,  that  it  is  260  rods  long,  40  feet 
wide  on  the  surface  and  30  feet  at  the  bottom,  with  a  depth  of 
water  of  from  4  to  5  feet.  It  runs  through  good  interval  land ; 
and  160  rods  of  it,  being  new,  was  grubbed  and  cleared  and  dug 
by  the  job,  for  $2  50  a  rod.  About  one  half  of  this  160  rods 
lay  along  an  old  water-course,  which,  in  many  places,  was  only 
To  be  made  wider  and  deeper :  The  other  half  was  to  be  dug 


CANAL  LAWS,  &c. 


from  1  1-2  to  3  1-2  feet  deep.    For  the  distance  of  30  rods, it  1817, 
was  due:  3  1-2  feet  deep;  and  the  earth  here,  was  for  the  first *      r"  ■ 

°  r  .     .  Erie  &  Cham- 

foot,  in  depth,  a  good  soil,  such  as  is  common  in  intervals,  for  plain  canals. 

the  next  2  feet,  it  inclined  to  clay,  below  which  there  was  a  clean 
gravel.  Much  of  the  above  excavation  was  done  for  a  dollar  a 
rod.  Where  it  was  deepest  the  land  was  level,  and  after  grub- 
bing and  clearing,  srn6oth ;  so  that  the  plough  and  scraper  alone 
were  used  in  moving  it.  Having  attended  personally  to  the  pro- 
gress of  the  job-work  above  mentioned,  and  carefully  calculated 
the  expense  of  it,  at  the  time,  I  was  then  satisfied  as  I  am  now, 
that  the  whole  cost  of  excavation  where  it  was  deepest,  including 
grubbing  and  clearing,  did  not  exceed  $5  for  a  rod.  A  rod  in- 
cluded about  75  cubic  yards.  The  cost  of  each  yard,  therefore, 
was  a  little  short  of  7  cents.  It  should  be  remembered  that  this 
work  was  done  in  the  year  IS06,  when  the  price  of  labor  was 
less  than  it  is  now. 

I  am,  sir,  with  great  respect, 
Your  obedient  servant, 

PHILETUS  SWIFT. 

Hon.  Dr.  Witt  Clintox, 
President  of  the  board  of  Canal  Commissioner 

Copy  of  a  letter  from  the  honorable  A.  Porter,  of  the  county  of 
Niagara,  to  one  of  the  Commissioners. 

Niagara  Falls,  January  3d,  1817. 

Dear  Sir, 

Your  letter  of  the  9th  of  August  last  was  received,  requesting  fr0ra 
of  me  answers  to  the  following  questions,  viz :  A*  Portfcr* 

What  is  the  kind  of  rock  through  which  your  canal  is  exca- 
vated ? 

What  is  the  length,  width  and  depth  of  such  excavation  ? 
What  was  the  expense  of  it? 

What,  in  your  opinion,  would  be  the  expense  of  excavating  a 
canal,  30  feet  wide  and  five  feet, deep,  for  one  mile,  through  the 
common  lime-stone  rock,  lying  between  Lake  Erie  and  Genesee 
river? 

1    In  reply  to  these  inquiries  1  would  answer — The  kind  of  rook 

40 


314 


CANAL  LAWS,  &c. 


1817.  is  horizontal  strata  or  layers  of  lime-stone,  of  from  6  to  24 
^ — v — *  inches  thick.    The  horizontal  joints,  between  these  layers,  are 

irie  &  Cham-  ,         ,         .  ,i   ,  «      .  ,  , 

plain  canals,  so  open,  that  there  is  very  little  difficulty  in  separating  the  lay- 
ers. These  layers  are  separated  by  perpendicular  cracks,  divi- 
ding them  into  irregular,  and  unequal  slabs,  of  from  one  to  6  or 
8  feet  square.  These  slabs  are  so  sound  as  to  blast  well,  and  are 
very  pure  lime  stone,  so  that  an  auger,  suitably  tempered,  will 
not  batter,  but  will  last  until  the  friction  on  the  stone  wears  it  out. 

The  length  of  my  canal  is  20  rods,  its  width  7  1-2  feet,  on  an 
average,  its  depth  in  the  rock  five  feet,  besides  one  foot  of  earth 
on  the  top  of  the  rock. 

It  cost  about  $500. 

To  excavate  a  mile  of  the  same  kind  of  rock,  the  same  width 
and  depth,  would  of  course  cost  $8,000.  My  canal  being  the 
depth  required,  viz.  five  feet,  and.  one  fourth  part  of  the  width 
required,  viz.  7  1-2  feet,  it  follows  that  four  times  as  much  rock 
would  require  to  be  removed  from  a  canal  30  feet  wide  and  five 
feet  deep,  as  from  one  of  the  size  of  mine  :  In  that  proportion, 
then,  it  would  cost  $32,000  per  mile.  It  is,  however,  my  opin- 
ion, Aat  one  of  30  feet  wide,  would  by  no  means  cost  in  the  same 
proportion,  for  the  following  reasons. 

First,  because,  in  first  making  an  opening,  the  rocks  are  all 
bound  together  in  such  a  manner,  that  it  is  difficult  to  remove 
any  single  stone  or  rock  without  blasting ;  and  at  least  one  half 
of  the  blasts  have  little  or  no  effect :  Whereas,  after  an  opening 
is  made,  the  rock  being  separated  both  by  horizontal  and  per- 
pendicular joints,  many  of  them  may  be  removed  without  break- 
ing, either  by  hand  or  by  the  aid  of  cattle ;  and  those  too  large 
lo  be  removed  whole,  may  be  broken  by  a  sledge  or  with  a  single 
blast. 

Secondly,  the  width  of  the  canal  will  enable  you  to  remove 
very  large  rocks,  by  the  aid  of  oxen,  much  easier  than  they 
could  be  hoisted  out  by  a  windlass,  which  was  the  way  most  of 
mine  were  done,  as  its  width  made  it  difficult  to  remove  them 
with  oxen.  Many  of  those,  which  I  was  obliged  to  blast  to  ena- 
ble me  to  handle  them,  might  have  been  removed  by  oxen,  could 
I  have  used  them.  From  these  reasons,  I  have  no  doubt  that  a 
canal  through  the  same  kind  of  rock,  which  mine  passes,  (and  it 
is  the  same  as  that  which  prevails  generally  between  Lake  Erie 
and  Genesee  river)  of  30  feet  wide  and  5  deep  feet  deep,  might 


CANAL  LAWS,  &u.  316 

be  made  for  double  what  one  of  the  size  of  mine  would  cost,  1817. 
viz.  it  might  be  made  for  $10,000  per  mile.  B*fc  AChlm- 

I  am,  Sir,  with  great  respect,  plain  canal*. 

Your  obedient  servant, 

AUGUSTUS  PORTER. 

Myron  Hollev,  Esq. 


Brown  juo. 


Copy  of  a  letter  from  Matthew  Brown,  fun.  and  Francis  Brown, 
Esquires,  to  one  of  the  Commissioners. 

Gates,  Genesee  County,  January  1st,  1817. 
Myron  Holley,  Esq. 
Sir, 

Your  letter  of  September  last,  requesting  information,  re-^  Letter  from 
specting  the  cost  of  making  a  canal  at  the  Falls,  on  Genesee 
river,  which  w  e  were  then  engaged  in,  to  supply  our  mills,  facto- 
ry, &ic.  was  duly  received.  We  should  have  noticed  the  con- 
tents of  that  letter  immediately,  but  did  not  complete  the  work 
until  late  in  the  fall,  so  that  we  could  not  ascertain  the  cost  accu- 
rately until  now.  We  have  given  below  a  statement  of  different 
items  in  the  expense  of  making  the  canal,  that  you  may  see  the 
nature  of  the  costs  in  effecting  works  of  this  kind. 

Men's  labour  1535  days,  at  62  1-2  cts.  $959  37 

Team's  labour  312  do.  50  cts.  156  00 

Do.      by  contract,  100  00 

Mason's  work  by  contract,  laying  dry  wall,  55  00 

Blacksmith's  bills,  repairing  tools,  he.  142  43 

13  kegs  of  powder,  at  $14.  182  00 

Tools  worn  out  and  destroyed,  say  25  00 

Use  of  carts  and  waggons,  40  00 

Subsistence  for  men  at  1 6s.  per  week,  the  common 

price  for  boarding,  435  00 

Subsistence  for  teams  at  1  Gs.  per  week,  90  00 

Add  for  work  done  by  contract,  on  a  part  of  the  ca- 
nal, the  nature  of  the  work  the  same,  1 ,300  00 
Superintending  six  months,  say  383  39 


Amount  of  the  whole  expenditure,  $3,868  1 9 

The  length  of  the  canal  now  finished,  is  74  rods, 

through  limestone,  at  $52  27  per  rod  $3,867  98 


CANAL  LAWS,  he. 


1817.        The  width  with  perpendicular  banks,  is  30  feet ;  the 
average  depth,  5  1-2  feet,  7448  cubic  yards,  at 


^in  «2T  52  Ce"tS>  .  $3>872  96 

It  will  be  proper  to  observe,  that  in  making  this  canal,  the 
stone  suitable  for  constructing  buildings  and  other  uses,  were  re-* 
moved  at  considerable  distance,  and  piled  ;  that  opening  the 
bank  and  constructing  guard-gates  for  two  mills  ;  also,  the  frag-, 
ments  unfit  for  use  in  building  have  been  removed  to  fill  up  and 
make  a  street  on  the  bank,  the  expense  of  all  which  is  included 
in  this  estimate. 

We  do  not  hesitate  to  say,  in  our  opinion,  a  canal  of  30  feet 
wide  and  5  1-2  feet  deep,  may  be  worked  through  any  limestone 
quarry  known  in  this  country,  for  $16,000  per  mile. 
We  are  respectfully, 

Your  obedient  servants, 

MATTHEW  BROWN,  Jr. 
FRANCIS  BROWN. 


Extract  of  a  letter  from  the  Hon.  Joshua  Forrnan,  first  Judge  of 
Onondaga  county,  dated  at  Onondaga,  20th  November,  1816, 
and  addressed  to  the  President  of  the  Board  of  Commissioners* 

Letter  from      "  You  request  me  to  give  you  a  statement  of  the  canals  I  have 

J.  Forrnan.  1  ,  .     ,  t  .  ,  , 

dug  lor  mills  near  this  place.  1  cannot  give  you  the  exact  length 
or  total  cost  of  them  ;  but  the  data  I  can  furnish  you  will  enable 
you  to  calculate  what  it  would  produce  per  mile.  The  first  was 
the  one  passing  the  turnpike  in  Onondaga  Hollow  ;  which  was 
let  to  be  dug  nearly  half  a  mile  in  length,  24  feet  wide  at  top? 
and  18  feet  at  bottom,  and  an  average  of  4  feet  deep,  at  the  rate 
of  50  cents  per  cord  of  128  cubic  feet  of  excavation.  This  was 
run  through  a  meadow  free  of  roots,  the  soil  clay,  with  some  bars 
of  gravel  crossing  the  canal  at  bottom.  The  second  was  at  Sa- 
lina,  which  was  about  40  rods,  40  feet  wide  at  top  and  30  feet  at 
bottom,  averaging  4  feet  deep  through  uncleared  land,  and  the 
soil  a  hard  gravel,  at  seventy-five  cents  the  cord. 

The  last  was  about  60  rods,  18  feet,  at  bottom  and  about  3 
1-2  feet  deep,  through  an  alluvial  soil,  which,  after  digging  down 
%  feet,  proved  full  of  logs  and  cfuicksand,  for  a  foot,  or  more, 


CANAL  LAWS,  fee.  ai? 

above  a  hard  gravel.    This  was  let  at  50  cents  the  cord  ;  but  the  1817. 

contractor  complained  of  the  unexpected  difficulty,  and  had  a  *      v  * 
i     11  •  ^rio  &  Cham* 

reasonable  allowance  made  him  of  about  12  1-2  cents  per  cord,  plain  canals. 

As  to  the  other  two,  the  first  did  not  make  more  than  ordina- 
ry wages  ;  but  the  same  man  took  the  second  and  made  money 
by  it." 


Copy  of  a  letter  to  one  of  the  Commissioners,  from  Col.  Myndersc 
who  lives  at  the  Seneca  Falls,  and  who  is  largely  interested  in 
the  improvement  of  the  navigation  of  the  Seneca  river,  now  part- 
ly completed,  in  that  place  and  its  vicinity. 

Seneca  Falls,  17th  February,  IS  17. 

Dear  Sir, 

Your  favour,  of  the  17th  ult.  requesting  an  account  of  the  im-  Letter  from 
provements  making  in  the  navigation  ot  the  beneca  river,  at  this 
place,  came  duly  to  hand,  and  would  have  been  earlier  noticed 
but  for  the  absence  of  Mr.  Lewis,  the  engineer  and  contractor, 
and  Major  De  Zeng,  who  has  had  the  occasional  superintendence 
of  the  work.  These  gentlemen  being  alone  able  to  furnish  the 
information  required,  with  accuracy,  I  sent  them,  immediately  on 
receipt  of  your  letter,  a  transcript  of  its  contents,  desiring  them 
to  send  me  an  early  answer  ;  but  not  hearing  from  them,  I  pro- 
'ceed  to  give  you  such  information  as  I  possess  on  the  subject.  I 
•regret  that  it  is  not  in  my  power  to  be  more  particular  and  cor- 
rect. 

There  are  nine  chamber  locks,  and  three  guard  locks,  contem- 
plated to  be  erected  in  the  whole  distance,  to  wit  :  one  chamber 
lock,  of  about  2  feet  lift,  immediately  at  the  outlet  of  the  Seneca 
lake  ;  two  chamber  locks  at  the  foot  of  the  canal,  at  Scawyas, 
of  about  nine  feet  lift  each  ;  one  chamber  lock  at  the  little  Scaw- 
yas rapid,  of  about  4  feet  lift  ;  two  chamber  locks  at  the  Seneca 
Falls,  of  eight  and  a  half  feet  lift  each  ;  one  lock  at  the  same 
place,  of  about  nine  and  a  half  feet  lift  ;  one  other  lock  at  the 
same  place,  of  eight  and  a  half  feet  lift,  and  one  chamber  lock, 
at  the  foot  of  the  Seneca  Falls  rapid,  of  about  five  feet  lift. — 
There  is  one  guard  lock  at  the  entrance  of  the  canal  at  Scaw- 
'yas,  one  at  the  entrance  of  the  upper  canal  at  the  Seneca  Falls, 
and  one  at  the  entrance  of  the  fourth  canal  at  the  same  place* 


ol6 


CANAL  LAWS,  &c. 


1817.        Of  these,  three  are  completed  ;  one  guard  and  two  chamber 

s^-— v  '  locks  at  Scawyas,  and  the  chamber  lock  at  Little  Scawyas.  One 

plain  canals,  guard  lock  is  completed  at  the  Seneca  Falls,  and  two  chamber 
locks,  at  the  same  place  are  nearly  completed,  and  the  site  of 
another  is  excavated,  and  the  materials  for  it  are  on  the  ground, 
prepared  to  be  laid  up  early  in  the  spring.  Some  progress  has 
also  been  made  towards  the  three  remaining  locks. 

The  materials  with  which  these  locke  are  constructed,  are  stone : 
the  inner  face  of  the  walls  are  of  hewn  stone,  neatly  joined  and 
well  incorporated  with  the  body  of  the  walls,  which  are  laid  up 
with  common  lime-stone,  found  on  the  spot,  in  good  lime-mortar 
and  grout. 

The  walls  of  the  locks  are  six  feet  in  thickness,  and  supported 
with  substantial  embankments  on  the  outside.  I  am  not  posses- 
sed of  data  on  which  to  found  an  accurate  estimate  of  the  cost  of 
each  particular  lock. 

The  whole  distance  of  excavation,  exclusive  of  the  sites  of  the 
locks  is  as  follows  : 

1st.  A  canal  at  Scawyas,  on  the  Waterloo,  side  of  the  river.— 
This  canal  is  about  250  rods  in  length.  The  expense  of  making 
it  is  estimated  at  about  $3,000 

No  rock,  or  other  hard  substance,  was  met  with  in  digging  this 
canal. 

2d.  A  canal  commencing  at  the  dam  near  the  head  of  the 
Seneca  Falls  rapid.  This  canal  is  36  rods  in  length,  and  is  con- 
ducted along  a  lime-stone  ledge.  One  of  its  embankments  is  al- 
together artificial  :  it  is  faced  on  both  sides  with  stone,  to  pre- 
vent wear  by  the  fall  of  rams  or  otherwise.  Extraordinary  ex- 
pense was  incurred  in  making  this  canal,  owing  to  the  stony  na- 
ture of  the  soil.    The  cost  was  about  $900 

3d.  A  canal,  of  about  22  rods  long,  is  not  quite  finished  ;  will 
cost  about  $300 

4th.  A  canal,  together  with  a  low  dam,  of  about  150  feet  long, 
across  the  river,  is  about  102  rods  in  length,  and  cost,  including 
the  said  dam,  about  $1,200 

A  mill  race  was  used  for  a  part  of  this  canal,  by  which  the 
expense  was  considerably  lessened. 

5th.  This  canal,  which  will  be  about  40  rods  in  length,  must, 
for  about  one  half  of  its  length,  be  cut,  to  a  considerable  depth, 
into  a  slate  rock.  Nothing  has  vet  been  done  to  it.  It  will  cost 
at  least  #1,000 


CANAL  LAWS,  U. 


Gth.  This  canal  will  be  about  120  rods  long,  but  from  the  fa-  IS  17. 
vourable  nature  of  the  ground,  it  may  be  easily  made.    It  can-  V^-v^ 


The  canals  are  to  contain,  at  all  times,  three  feet  of  water,  and 
are  to  be  24  feet  wide,  at  the  bottom,  and  not  less  than  30 
feet  on  the  surface  of  the  water. 

There  are  three  dams  thrown  across  the  river,  of  from  3  to  >\ 
feet  in  height,  constructed  of  stone  and  timber.  Each  cost  about 
$400.  The  principal  dam  is  at  the  head  of  the  Seneca  rapids, 
is  about  200  feet  in  length,  10  feet  high  and  10  feet  thick  at  the 
base,  diminishing  towards  the  top  to  3  feet.  This  dam  is  built 
of  stone,  in  a  neat  and  substantial  manner,  and  gravelled  on  the 
upper  side.    It  cost,  I  understand,  $1,800 

The  Seneca  lock  navigation  company,  are  bound  to  erect  two 
bridges  over  the  canals,  w  here  they  intersect  public  roads. — 
One  of  these  is  completed.  It  is  built  with  stone  abutments 
and  covered  with  square  timber  and  plank.  It  is  supposed  to 
have  cost  $150 

The  other  bridge  is  to  be  built  in  the  same  manner,  and  will 
probably  cost  the  same  sum. 

The  extent  of  navigation  improved  by  these  locks  and  canals 
from  the  Seneca  lake,  to  the  lower  lock  at  the  foot  of  the  Seneca 
rapids,  is  about  12  miles.  The  aggregate  amount  of  locking  is 
about  64  feet.  The  length  of  artificial  canalling,  will  be  about 
1  550  rods.  The  bed  of  the  river  is  used,  where  its  depth  of  wa- 
ter is  sufficient,  and  where  no  natural  obstructions  exist. 

The  locks  are  70  feet  in  length,  in  the  clear,  between  the  gates, 
and  12  feet  in  width  ;  and  are  capable  of  passing  a  barge  of  20 
tons  burthen. 

The  stone  with  which  the  inner  w  alls  of  the  locks  are  faced, 
are  obtained,  at  considerable  expense,  from  a  quarry  near  the 
head  of  the  Seneca  lake,  about  50  miles  distant. 

The  whole  expense  of  making  this  navigation,  it  is  calculated 
will  amount  to  $55,000 

It  certaiuly  will  not  exceed  60,000 

Mr.  Lewis,  the  engineer,  although  very  able  and  competent  to 
such  works,  possessed  no  practical  knowledge  of  the  subject, 
when  he  commenced  operations  here :  Much  expense  w  as  con- 
sequently incurred,  which  might  and  would  have  been  avoided, 
1  had  he  had  more  experience.    I  feel  confident,  that  the  whole 


not  cost  to  exceed 


$1,000  Er,ie  &  Ch*m" 

v  '         plain  canals 


CANAL  LAWS,  kc. 


1817.    work  might  now,  with  the  experience  we  have  acquired,  be  done" 
v— for  $45,000 

Erie  &  Cham-      T  .  . 

rlain  canals.     1  may  yet  receive  a  communication,  on  this  subject,  from  Mr. 

Lewis.    If  so,  and  it  should  contain  any  tiling  useful  to  you,  I 
will  do  myself  the  honor  to  transmit  it  to  you. 
I  am,  dear  sir, 

Your  very  obedient  servant, 

W.  MYNDERSE. 

Myron  Holley,  Esq. 


(Copy  of  a  letter,  to  the  President  of  the  Board  of  Commission- 
ers, from  Johri'L.  Sullivan,  Esquire,  who  has  personally  ex- 
amined the  most  celebrated  canals  in  England,  France  and  Hol- 
land, has  had  the  charge  of  constructing  several  short  canals, 
with  locks,  dams,  fyc.  around  falls  in  the  Merrimack  river,  and 
has,  for  eight  years,  been  superintendent  of  the  Middlesex  canal, 
in  Massachusetts.) 


Albany,  March  7,  1817. 

The  Hon.  De  Witt  Clinton, 

President  of  the  Board  of  Canal  Commissioners. 

Sir, 

Letter  from  In  compliance  with  your  request,  in  behalf  of  the  board  of 
L*  Sull,*an*  commissioners,  I  have  given  all  the  attention  in  my  power,  at 
this  time,  to  the  report  on  the  proposed  canal,  and  shall  with 
pleasure  proceed  to  state  my  impression  of  the  estimates  in  gene- 
ral, premising,  however,  that  without  seeing  the  ground,  it  would 
be  presumption  to  offer  a  decisive  opinion  on  the  expense.  It  is. 
therefore,  with  the  utmost  deference  to  the  engineers,  and  other 
gentlemen  who  have  assisted  in  making  them,  that  I  shall  express 
mine,  from  a  comparison  of  the  description  of  the  route  with 
works  of  this  nature,  with  which  I  am  intimately  acquainted. 

In  comparison  with  the  Middlesex  canal,  the  description  given 
of  the  country  is  peculiarly  favorable :  In  the  proportion,  I  should 
think,  of  three  to  one.  That  is,  for  the  whole  distance,  the 
Middlesex  canal,  per  mile,  is  three  times  as  difficult  or  expensive, 
as  to  the  work  to  be  done  by  excavation  and  embankment,  as  the 
New-York  state  canal  will  be.  And  none  of  the  heavyjobs  will 
compare  with  what  has  often  been  done  in  Europe.    In  making 


CANAL  LAWS,  &c. 


321 


the  comparison,  it  will  be  recollected,  that  the  dimensions  of  the     IS  17. 
canal  are,  as  4  to  7  ;  the  mean  width  and  depth  of  Middlesex  s^~v-^^ 
being  25  by  4,  your  canal,  35  by  5.  ^VaxlX" 

The  estimates  have  been  made  from  the  best  sources  of  infor- 
mation in  the  country,  and  from  experiments  :  I  conclude,  there- 
fore^ that  the  easy  work  can  be  done  accordingly,  but  it  would 
cost  much  more  in  our  part  of  the  country,  if  executed  w  ithout 
the  aid  of  labor-saving  machinery,  as  wages  now  are. 

The  embankments  will,  1  believe,  generally,  cost  three  timed 
us  much  as  excavation  ;  and  it  is  obvious  to  remark,  that  where 
they  are  extensive,  the  earth,  to  form  them,  must  be  carried  the 
whole  distance  ;  and  the  quantity  of  earth  required  will  very 
much  exceed,  in  square  yards,  at  the  place  whence  it  is  taken, 
the  measurement  of  the  bank.  No  doubt  the  board  have  attend- 
ed to  these  and  other  local  circumstances  :  but,  in  the  estimate 
the  difference  does  not  appear  to  be  sufficient. 

The  waste-wiers,  safety  gates,  and  other  constructions  to  con- 
trol the  streams,  feeders,  &ic.  not  expressly  contained  in  the  esti- 
mates, ought  not,  I  think,  to  have  been  assigned  to  the  5  per 
cent,  added  for  contingencies ;  because  that  allowance  is  to 
be  made  as  well  on  them  as  on  other  objects  of  expenditure. 

The  allowance  of  10,000  dollars  per  lock  appears  to  me  to 
be  ample.  The  cost  of  the  aqueducts  depends  on  so  many  local 
circumstances,  that  I  can  only  say,  it  seems  to  me  very  probable, 
that  the  estimate  for  them  is  high  enough  ;  constructed  of  stone 
piers  and  the  trunks  of  wood;  but  much  will  depend  on  the  pre- 
vious preparation,  and  the  season  of  the  year  in  which  the  work 
is  done. 

In  some  instances  the  digging  of  the  eastern  route  is  represent- 
ed as  partly  light  and  partly  difficult.  Where  the  pick  ax  is  to 
be  used,  the  digging  will  cost  double  what  it  will  where  it  may 
be  done  by  the  shovel  alone  ;  or,  if  the  light  loam  or  sand  may 
be  excavated  for  12  to  20  cents,  hard  gravel  and  clay  should  be 
estimated,  in  my  opinion,  from  30  to  50  cents  per  yard. 

The  middle  and  western  sections,  appear  to  be  on  the  w  hole 
ligh  enough.  The  eastern  to  Schoharie  crosses  so  many  streams, 
ind  there  being  some  difficult  digging,  and  considerable  wall  rc- 
|uired  to  sustain  the  banks  of  the  canal  and  adjacent  high 
grounds,  that  I  doubt  if  the  estimate  has  been  sufficiently  considered 
u  all  these  circumstances  ;  but  it  does  not  appear  to  be,  on  the 
diole,  a  more  difficult  route  than  that  of  the  Middlesex  in  pro- 

41 


I 


322 


CANAL  LAWS,  &c; 


1817.    portion  to  its  distance  ;  I  say  this,  however,  with  deference  to 
v— v— '  the  gentlemen  of  the  board  who  have  seen  both. 
^aiacS™     ^Ut  on  tne  wno^e>  as  tne  country  is  so  generally  favorable,  as 
labour-saving  machines  can  be  used,  and  as  there  will  probably 
be  no  land  or  damages  to  pay  for,  the  estimate  appears  to  be 
high  enough. 

In  making  a  comparison  with  the  Middlesex  canal,  having  no 
minutes  with  me,  I  can  only  do  it  from  recollection.  The  ac- 
counts, while  this  canal  was  in  the  process  of  construction,  were 
not  kept  so  as  to  admit  of  our  knowing  what  any  particular 
piece  of  work  cost.  My  analysis  of  it,  therefore,  will  be  wholly 
from  judgment,  formed  from  my  knowledge  of  the  ground,  and 
some  experience  in  other  places. 

The  Middlesex  canal  is  27  miles  in  length,  its  depth  is  intend- 
ed to  carry  at  least  three  feet  of  water.  The  banks  where  form- 
ed, are  meant  to  be  one  foot  above  the  water.  The  width  gen- 
erally 30  feet  on  the  surface,  and  on  the  bottom  20  feet.  In  car- 
rying the  work  on,  it  was  found  necessary  to  purchase  some  es- 
tates, the  whole  of  which  was  not  essential  to  the  canal-  The 
lands  were  generally  paid  for  where  most  valuable.  There  was 
some  considerable  expense  attending  litigations,  and  perhaps 
some  mistakes,  which  are  not  likely  to  happen  in  the  proposed 
work.  The  whole  expense  in  assessments  has  been  520,000  dol- 
lars ;  not  including  the  application  of  income  for  several  years 
past,  in  renovating  and  completing  it ;  and  the  buildings, 
wharves,  &c.  necessary  to  the  business.  As  neither  of  these  ob- 
jects of  expenditure  apply  to  the  present  question,  I  shall  leave 
them  out,  and  also  deduct  50,000  dollars  as  having  been  applied 
to  the  other  works  leading  to  the  principal  canal. 

[Here  followed  "  Analysis  of  the  cost  of  Middlesex  canal,  in 
"  the  state  of  Massachusetts,"  for  which  see  Journals  of  the  As- 
sembly of  1817,  at  page  609,  &ic] 

If  this  communication,  which  is  very  hasty  and  imperfect,  can 
be  of  any  use  to  the  board,  I  shall  have  much  pleasure  in  the 
reflection  of  having  contributed,  in  any  degree,  to  the  great  ob- 
ject of  their  attention. 

With  the  highest  respect, 

I  am,  Sir,  your  most  obed't.  serv't. 

JNO.  L.  SULLIVAN 


C  \  \  \L  LAWS,  fee 


1817. 

Albany,  March  Sth,  1S17.     >  v-  < 

^  Erie  &  Cham- 

^IK?  plain  Canal?. 

The  joint  committee,  to  whom  was  referred  the  report  of  the   Letter  from 

.    .  .         111  •  i    r      1  chairman  to  De 

commissioners  constituted  by  the  act  to  provide  for  the  improve- Witt  Clinton, 
ment  of  the  internal  navigation  of  this  state3  wishing  to  avail 
themselves  of  the  opportunity  now  offered,  request  the  commis- 
sioners (though  the  information  required  does  not  form  a  part  of 
their  official  duties)  to  assist  them  incompleting  such  a  system  of 
finance,  as  will  meet  the  contemplated  improvements,  and  best 
subserve  the  public  interest,  with  the  least  possible  burthen  upon 
the  people. 

I  am,  sir,  your  humble  servant, 

Wm.  D.  FORD,  Chairman. 
To  the  Hon.  De  Witt  Clinton, 
President  of  the  board  of  Commissioners. 

Albany,  10th  March,  IS  17. 

Sir, 

The  canal  commissioners  had  the  honor  of  receiving  your  let-  _  A";s^e5,1  01 

°  J  De  Witt  Clin- 

ter,  of  the  8th  instant,  requesting  their  opinion,  on  the  best  plan  ton. 
of  ways  and  means  for  making  the  Erie  and  Champlain  canals. 

It  will  require  considerable  time  to  prepare  and  digest  a  com- 
plete, judicious  and  well  organized  system  of  finance,  for  those 
important  objects.  And  perhaps  the  session  is  so  far  advanced, 
that  the  legislature  will  not  be  able  to  bestow  that  attention  on 
it,  which  their  uuty  inculcates,  and  which  the  public  interests 
demand. 

But  the  commissioners  have  no  hesitation  in  stating,  that  these 
important  communications  can  be  opened  without  any  direct  tax  ; 
that  the  resources  of  the  state  are  abundantly  ample  ;  and  that  a 
preliminary  arrangement  may  be  made,  which  will  answer  every 
desirable  purpose. 

Notwithstanding  the  perfect  conviction  of  the  commissioners, 
that  these  canals  can  be  made  without  any  serious  inconvenience 
to  the  financial  operations  of  the  state,  yet  they  are  persuaded, 
that  it  is  due  to  the  counsels  of  prudence,  to  bring  the  solidity  of 
their  opinions  to  the  touch-stone  of  experiment,  before  the  whole 
system  is  undertaken. 


324 


CANAL  LAWS,  &c. 


1817.  Under  this  impression,  the  commissioners  recommend  the  adop- 
*  v  '  tion  of  immediate  measures,  for  purchasing  the  interest  of  the 

Erie  &  Cham-  •   i      j   i     1  •  ^ 

plainCanals.  western  inland  lock  navigation  company;  for  commencing  and 
completing  a  canal  navigation  between  Rome  and  the  Seneca 
river,  and  between  Lake  Chan.plain  and  the  Hudson  river,  at  a 
convenient  point  below  Baker's  Falls. 

If  the  middle  section  of  the  western  canal  is  made,  before  the 
rights  of  the  western  inland  lock,  navigation  company  are  pur- 
chased, it  may  induce  the  latter,  in  consequence  of  the  increased 
value  of  their  property,  to  rise  in  their  demands.  And  if  the 
state,  after  a  fair  trial  of  the  experiment,  shall  only  complete  the 
canals  now  proposed,  and  proceed  no  further  in  the  whole  work, 
yet  these  partial  operations  will  open  valuable  and  important 
communications,  and  be  greatly  beneficial  to  the  community. 

The  commissioners  being  of  opinion,  that  those  designated 
objects  can  be  accomplished,  in  two  or  three  years,  and  at  an 
expense  not  exceeding  one  million  and  a  half  of  dollars,  would 
respectfully  recommend,  that  a  board  of  commissioners,  to  be 
denominated  the  commissioners  of  the  fund  for  internal  improve- 
ments, be  constituted  ;  that  it  consist  of  the  comptroller,  the  secre- 
tary, the  attorney  general,  the  surveyor  general  and  the  treasurer; 
and  that  the  powers  and  duties  of  the  said  board  shall  embrace 
the  following  objects : 

1st.  To  borrow  on  the  credit  of  the  state,  a  sum  not  exceeding 
a  million  and  a  half  of  dollars,  by  the  creation  of  a  funded  debt, 
with  interest  at  six  per  cent,  payable  semi-annually,  and  the 
principle  reimbursable  in  twenty  years,  or  at  any  time  before, 
in  the  option  of  the  state. 

2d.  The  said  commissioners  shall  keep  an  account  of  all  monies 
received  for  the  said  fund,  which  monies  shall  be  kept  in  the  trea- 
sury of  the  state,  and  shall  pay  over  from  time  to  time,  such 
monies  as  shall  be  required  for  the  execution  of  the  powers  com- 
mitted to  them,  by  the  commissioners  constituted  by  the  act 
to  provide  for  the  improvement  of  the  internal  navigation  of  this 
state. 

3d.  The  said  commissioners  of  the  fund  shall,  as  soon  as  the 
said  purchase,  or  the  whole  or  any  part  of  the  said  works  is  com- 
pleted, have  power  to  establish  and  receive  reasonable  tolls,  and 
to  take  all  the  necessary  measures  for  that  purpose. 

4th.  The  annual  application  of  60,000  dollars  of  the  monies 
arising  from  auction  duties,  and  the  w  hole  of  the  monies  which 


CANAL  LAWS,  fee. 


J25 


Viie  state  may  derive  from  the  sale  of  unappropriated  lands,  shall  1817. 

be  pledged  tor  the  payment  of  thr  said  debt  and  the  interest v  v  9 

1     °  i,  .   •  j  Erie  &  Chain- 

thereof,  and  shall  be  received,  by  the  said  commissioners,  and  plain  Canals. 

applied  to  that  purpose.  And  they  shall  have  power  to  apply 
any  unappropriated  money,  in  the  treasury,  to  make  good  any 
deficiency  or  suspension,  in  the  payment  of  the  said  funds,  or  to 
borrow  on  the  faith  of  the  state,  any  monies  that  may  be  neces- 
sary, to  be  reimbursed  from  the  said  funds  when  the  same  shall  be 
received. 

5th.  The  said  commissioners  shall,  at  the  opening  of  the  next 
session  of  the  legislature,  report  a  plan  of  finance,  for  the  execu- 
tion of  the  whole  of  the  said  canals,  and  also  of  a  sinking  fund, 
for  the  extinguishment  of  the  debt. 

The  commissioners  have  proposed  this  plan  for  the  following 
reasons : 

1st.  In  a  free  government  where  the  people  compose  the  sove- 
reign authority,  it  is  chimerical  to  contemplate  the  execution  of 
a  stupendous  plan  of  internal  navigation,  without  the  adoption 
of  a  wise  and  economical  system,  which  shall  conciliate  the  af- 
fections, and  secure  the  favorable  opinion  of  those  who  are  the 
source  of  all  legitimate  power.  To  attempt  to  raise  by  taxation 
the  whole  sum  as  it  will  be  required,  will  impose  a  burthen  on  the 
people  which  will  be  destructive  of  the  project. 

2d.  The  annual  revenue  of  the  state  is  now  upwards  of  924,000 
dollars,  and  its  ordinary  expenses  about  547,000  dollars,  leaving 
a  surplus  of  nearly  400  000  dollars,  applicable  to  extraordinary 
demands  on  the  treasury,  and  to  the  extinguishment  of  the  state 
debt.  The  auction  duties,  for  the  last  year,  amounted  to  about 
160,000  dollais.  Sixty  thousand  dollars  of  this  fund  may  be 
therefore  appropriated  annually  to  the  payment  of  interest  as 
before  stated,  without  interfering  with  any  other  claims,  and 
without  any  inconvenience  to  the  treasury.  It  will  be  also  recol- 
lected that  the  direct  tax  of  the  United  States,  which  last  year 
drew  from  our  treasury  $365,620  38,  has  ceased  to  operate. 

3d.  The  appropriations  before  mentioned  from  the  duties  on 
auctions,  and  the  partial  avails  of  the  sale  of  public  lands,  will 
be  at  least  equivalent  to  an  immediate  errant  of  one  and  a  half 
million  of  dollars.  On  a  supposition  that  the  western  canal  will 
cost  five,  and  the  northern  one  million  of  dollars,  the  commis- 
sioners of  the  fund  for  internal  improvement  will,  besides  devis- 
ing a  sinking  fund,  have  only  to  recommend  a  plan  for  raising 


CANAL  LAWS,  &c. 


1817.  270,000  dollars  annually,  being  the  interest  of  4,500,000  dollars. 
— v— '  For  this  purpose  the  following,  among  many  other  subjects,  may 
pbln&Caiiais!  De  indicated  :  and  it  must  be  explicitly  understood,  that  as  only 
an  annual  revenue  of  $90,000  will  be  required,  until  the  canals 
from  Rome  to  the  Seneca  river,  and  from  Lake  Champlain  to  the 
Hudson,  below  Baker's  falls,  are  finished,  it  will  not  be  necessary 
to  use  the  funds  now  appropriated,  until  the  happening  of  those 
events,  and  that  they  will  be  of  course  in  a  state  of  rapid  ac- 
cumulation. 

The  whole  of  the  unappropriated  lands  of  the  state,  consider- 
ing the  value  of  several  villages,  and  of  the  Indian  reservations, 
and  the  quantity  on  hand,  may  be  safely  estimated  at  two  mil- 
lions of  dollars.  If  the  whole  were  sold  on  the  usual  credit,  the 
annual  interest  would  bring  120,000  dollars. 

A  revenue  may  be  derived  from  steam-boats,  without  injuring 
the  proprietors,  to  the  amount  of  $30,000  annually. 

The  income  from  the  salt  springs  will  be,  next  year,  about 
$10,000.  It  is  believed  that  this  sum  may  be  augmented,  without 
the  least  inconvenience  to  the  community,  to  $40,000. 

There  are  some  places,  which  will  be  benefited  in  an  extraor- 
dinary degree,  by  the  canals.  An  annual  assessment,  say  of 
$50,000  on  them,  would  not  be  felt,  and  would  be  reasonable ; 
and  it  might  be  continued  until  the  present  grants  of  lotteries 
shall  be  satisfied,  when  that  sum  might  be  raised  by  substituting 
lotteries. 

The  donations  already  made,  and  which  may  be  reasonably 
expected,  will  probably  amount  to  a  million  of  dollars  in  value. 

The  revenue,  originating  from  the  few  sources  here  pointed 
out,  will  be  amply  sufficient  to  meet  the  whole  sum  required, 
^vhich  is  360,000  dollars  annually,  or  the  interest  of  $6,000,000. 


Auction  duties,  $60,000 

Sales  on  public  lands,  120,000 

Steam-boats,  30,000 

Salt  springs,  40,000 

Assessments  and  lotteries,  50,000 

Donations,  60,000 


$360,000 

It  is  admitted  that  the  whole  of  this  property  cannot,  at  once, 
be  rendered  productive ;  but  it  must  also  be  conceded,  that  it  can 


CANAL  LAWS,  &c. 


327 


be  rendered  so,  contemporaneously  at  least  with  the  exigencies  1817. 
that  will  require  it.  v  v  ' 

,  .  ,        '     .  Erie  &  Cham- 

As  soon  as  the  canals,  or  any  important  section  of  them  are  plain Canals 
completed,  a  great  revenue  will  accrue  to  the  state,  which 
will  speedily  extinguish  the  whole  debt ;  and  this  will  arise  in 
two  ways. 

1st.  From  the  artificial  mill  sites,  and  the  infinite  variety  of 
hydraulic  uses,  to  which  the  surplus  waters  may  be  applied  ;  but 
these  privileges  ought  never  to  be  sold  in  perpetuity,  but  leased, 
and  kept  under  the  control  of  the  state,  so  that  no  individual  can 
gain  an  interest  in  them  that  may  become  prejudicial  to  the 
public. 

2d.  From  the  imposition  of  light  tolls  or  transit  duties,  on  ves- 
sels and  cargoes  descending  the  canals,  to  be  increased  on  those 
ascending. 

The  late  Mr.  Fulton,  from  data  furnished  by  the  custom-house, 
calculated  that  400,000  tons  of  freight  are  annually  carried  on 
the  Hudson.  And  from  a  comparison  between  the  country  tra- 
ding on  that  river,  with  the  territory  embraced  by  the  western 
canal,  he  estimated  that  there  would  be  annually  transported  on 
the  latter,  one  million  tons  of  commodities.  He  further  was  of 
opinion,  that  the  cost  of  transportation  on  the  canal  from  Buffalo 
to  Albany,  would  be  three  dollars  and  fifty-three  cents  a  ton.  A 
toll  of  fifty  cents  a  barrel,  or  twenty-five  cents  a  hundred  on  mer- 
chandize, would  amount  on  a  ton  to  five  dollars,  making  eleven 
dollars  and  three  cents  for  the  expense  of  carrying  a  ton  on  the 
whole  route,  or  one  dollar  and  ten  cents  for  a  barrel  of  flour, 
which  would  be  by  no  means  burthensome  or  oppressive,  when 
we  consider, 

1st,  That  the  present  cost  of  transportation  by  land,  from  Buf- 
falo to  Albany,  is  $100  a  ton. 

2d,  That  the  toll  now  paid,  for  a  barrel  of  flour,  passing  the 
locks  of  the  Western  inland  lock  navigation  company,  the  dis- 
tance of  only  one  hundred  miles,  is  fifty-two  cents,  and  for  a  ton 
of  goods  $5  25  cents,  besides  a  considerable  duty  upon  the  ves- 
sels. The  same  charge,  for  the  whole  extent  of  the  western  canal, 
a  distance  of  353  miles,  which  is  now  made  by  that  company  for 
less  than  one  third  of  the  distance,would  in  a  short  time  produce 
the  enormous  income  of  $5,000,000 ;  but  lowering  the  duty  to 
one  dollar  a  ton,  the  whole  expense  of  this  magnificent  operation 
!  would  be  defrayed  in  a  few  year?,  and  an  immense  revenue  would 


328 


CANAL  LAWS,  &c. 


1817.    be  secured  to  the  state,  which  would  enable  it  to  patronize  litera- 
Erie"&cw ture  and  science>  t0  Promote  education,  morality  and  religion,  to 
plain  canals,   encourage  agriculture,  manufactures  and  commerce,  and  to  es- 
tablish the  interests  of  human  improvement  upon  an  imperishable 
basis,  and  to  an  incalculable  extent. 

We  have  the  honor  to  be,  most  respectfully, 

Your  most  obedient  servants, 
By  the  Commissioners, 

DE  WITT  CLINTON,  President. 

Wm.  D.  Ford,  Esq,. 

Chairman  of  the  Joint  Committee  of  the  Senate 
and  Assembly,  on  Canals. 


Copy  of  a  Letter  to  William  Bayard,  Esq.  relative  to  a  loan  of 

money. 

New-York,  23d  May,  1816. 

Sir, 

B^eardrtoW*  ^e  commissioners  appointed  for  the  purpose  of  reporting  to 
the  legislature,  on  the  subject  of  a  canal  navigation  between 
Lakes  Erie  and  Champlain,  and  Hudson's  river,  are  directed, 
with  a  view  to  the  accomplishment  of  those  important  objects,  to 
ascertain  whether  a  loan  of  money  can  be  obtained  on  the  credit 
of  the  state  of  New-York,  and  also  the  terms  of  such  loan. 

The  commissioners,  having  full  confidence  in  your  disposition 
to  promote  this  great  undertaking,  and  in  your  ability  to  ob- 
tain the  information  required,  solicit  your  early  attention  to  this 
subject,  and  beg  leave  to  indicate  the  following  points  as  materi- 
al to  the  inquiry  ;  the  amount  of  the  sum  that  can  be  loaned ; 
the  rate  of  interest ;  the  place  where  the  interest  is  to  be  paid ; 
and  the  duration  of  the  loan. 

Very  respectfully, 

Your  obd't  serv't. 

DE  WITT  CLINTON. 
In  behalf  of  the  Commissioners. 

William  Bayard,  Esq. 

[At  page  285,  the  joint  committee  on  canals  recommend  as 
one,  among  other  sources  of  revenue,  "  Lotteries  after  the  sums 
•;  now  granted  upon  them  are  raised,  and  which  will  probably 
u  require  ten  years,"    On  the  26th  of  March,  1317,  the  comp- 


CANAL  LAWS,  &££ 

{roller  reported  to  the  Senate  the  amount  of  monies  yet  to  be 
raised  by  lottery,  &c.  and  they  were  as  follows  : 
For  making  good  the  losses  sustained  by  the  failure  of  N.  Judah, 
and  others,  $74,000 
For  the  Botanic  Garden,  23,000 
For  improving  the  navigation  between  Troy  and  \v*a- 

terford,  30,000 
For  a  Chemical  School,  &c.  in  Fairfield  Academy,  5,000 
For  a  road  from  Lake  Champlain  to  Chateauga  n  .  5,000 
For  Union  College,  200,000 
For  Hamilton  Cellege,  40,000 
For  an  African  Church,  4,000 
For  the  College  of  Physicians  and  Surgeons  in  New  - 
York,  -  30,000 
For  the  Historical  Society,  12,000 
For  interest  on  these  appropriations  11 5,000 


Total,  $538,000 

Since  which  report,  and  until  the  prohibition  against  lotteries 
contained  in  the  new  constitution,  a  great  number  of  literary,  be- 
nevolent, and  other  useful  institutions  were  aided  by  grants  upor? 
these  and  other  lotteries,  &c/J 

XVII. 
REPORT 

Of  the  Canal  Commissioners,  as  to  their  expenses. 

In  Assembly,  April  2a1,  1817. 
A  communication  from  the  canal  commissioners  was  read,  ami 
is  in  the  words  following,  to  wit  : 
To  the  Hon.  the  House  of  Assembly* 

In  compliance  with  a  resolution  of  the  honourable  the  Assem- 
bly, we  have  the  honour  of  enclosing  a  statement  of  the  Comp- 
troller. This  communication  would  have  been  made  before,  but 
the  accounts  as  far  as  they  were  ascertained)  were  agreeably  to 
lie  directions  of  the  law  exhibited  to  him  ;  and  with  every  at- 
tention, on  his  part  as  well  as  ours,  it  was  not,  until  to  day,  that 
t  has  been  in  our  power  to  render  this  statement. 

The  expenses  of  the  commissioners,  include  the  expenses  o! 
ravelling,  at  various  periods — of  their  v'j?itto  the  Middlesex  go* 

U 


330 


CANAL  LAWS,  fee. 


1817.    nal — of  their  superintendence  of  the  whole  route  of  both  ca- 
v      '  najs — 0f  tjiejr  meetings  at  various  times,  and  are  brought  up  to 
their  first  meeting  during  the  present  session  of  the  legislature. 
They  consist  of  the  following  sums,  viz.— 
commSnerlfExPen6es  of  commissioners  meeting  17th  May,  1816, 
in  New-York,  including  the  expense  of  going  there, 
of  stay  there,  of  two  commissioners  with  two  en- 
gineers going  to  view  the  Middlesex  canal,  stay 
there,  and  return  home,  $515  00 

Expenses  of  commissioners  in  meeting  at  Utica  on  the 
1 5th  July,  while  there,  while  exploring  the  route  of 
the  western  canal,  and  returning  home,  1080  12 

Expenses  of  the  commissioners  in  exploring  the  north- 
ern canal  and  directing  operations  thereon,  679  19 
Expenses  of  commissioners  in  meeting  at  Albany  in 

November  last,  and  returning  home,  193  86 


The  whole  of  these  items  amount  to  §2468  17 

Considering  that  upwards  of  313  miles  on  the  western  canal, 
besides  that  part  of  the  route  south  of  the  mountain  ridge  and 
west  of  Genesee  river,  and  more  than  60  miles  on  the  northern 
canal,  have  been  explored,  surveyed  and  levelled  ;  that  the  routes 
of  the  canals  have  been  actually  laid  out  ;  that  perspicuous 
maps  and  profiles  have  been  made  ;  and  that  full  reports  have 
been  presented,  it  is  believed  that  no  operation  so  extensive,  so 
complicated  and  so  important,  has  ever  been  performed  with  more 
economy  of  expenditure. 
$4000 wanted    A  sum  not  exceeding  $4,000  will  be  required,  in  addition  to 

for  Engineers,  t  _    ,  .    .         ,  .  ,  .  ,    ,  ,  ' 

&c.  that  part  of  the  appropriation  which  is  unexpended,  to  complete 

the  payment  of  the  engineers  for  their  services  ;  to  defray  the  ex- 
penses of  printing,  engraving  and  stationary  ;  to  pay  the  expen- 
ses of  the  meeting  of  the  commissioners,  and  their  attendance 
on  their  duties  during  the  present  session  of  the  legislature  ;  to 
satify  some  demands  not  yet  presented,  and  also  to  make  a  rea- 
sonable compensation  to  the  secretary  and  treasurer  of  the  board, 
whose  time,  since  the  first  meeting  in  May,  has  been  almost  ex- 
clusively engrossed  in  discharging  those  trusts,  and  in  attending 
to  their  general  duties  as  commissioners. 

All  which  is  respectfullv  submitted, 

DE  WITT  CLINTON, 
MYRON  HOLLEY. 
Albany,  2d  April,  1817,  SAMUEL  YOUNG 


CANAL  LAWS,  top. 


331 


STATE  OF  NEW-YORK,  )      |  1817'  , 
Comptroller's  Office.  ^ 

I  certify,  tliat  from  accounts  and  vouchers  rendered  by  the 
commissioners  appointed  in  and  by  the  act,  entitled  "  an  act  to 
provide  for  the  improvement  of  the  internal  navigation  of  this 
state,"  passed  17th  April,  1S1G,  it  appears  they  have  paid  and 
expended  the  following  sums,  viz. 

To  William  Peacock,  engineer,  and  Andrew  A.  Elli-  EngfneTrs!*  °f 

cott,  surveyor,  for  their  services,  and  for  expense  of 
hands,  &te.  &c.  in  exploring,  levelling,  &c.  on  the 
ir  western  section  of  the  Erie  canal,  $1,563  42 

tf:  To  James  Geddes,  engineer,  for  do.  3,233  17 

[  jTo  Benjamin  Wright,  on  account  of  his  services  and 
expenses  in  exploring,  levelling,  &c.  the  middle 
section  of  the  Erie  canal,  2,000  00 

$  To  Charles  C.  Broadhead,  for  his  services  and  expen- 
ses in  exploring  and  levelling  a  portion  of  the  east- 
ern section  of  the  Erie  canal,  2,097  70 
For  expense  of  exploring  and  levelling  a  route  for 

the  northern  canal,  5,237  S3 

&.  For  expenses  of  the  commissioners,  2,468  17 

I?  [For  printing,  and  other  incidental  expenses,  330  00 


Making  an  aggregate  of  $16,930  £9 

ARCH'd  M'INTYRE,  Comptroller. 
-Albany,  April  2,  1817. 

Ordered,  That  the  said  communication  be  committed  to  the 
committee  of  the  whole  house,  when  on  the  bill,  entitled  "  an  act 
concerning  navigable  communications  between  the.  great  western  and 
northern  lakes  and  the  Atlantic  ocean." 


I 


Will. 

REPORT  OF  CANAL  COMMISSIONERS. 
Under  a  Resolution  of  the  Assembly  of  April  3d,  1817. 

In  Assembly,  April  3,  1817. 
A  communication  from  the  canal  commissioners  was  read,  and 
in  the  words  following,  to  wit : 


CANAL  LAWS j  fee. 


1817.        The  canal  commissioners  have  the  honor  to  report  to  the  hon- 
*a~-y~- orable  the  Assembly,  in  obedience  to  their  resolution  of  to-day  : 
That  they  are  not  required  or  authorised  by  law  to  hold  any 
communications  with  the  western  inland  lock  navigation  com- 
pany, respecting  the  purchase  of  their  interests,  and  that,  of 
course,  they  did  not  institute  any  inquiry  on  that  subject.  It 
appears,  however,  from  an  official  report  of  the  commissioners, 
W.  I. L.  N. Co. wft0  were  duly  authorised,  dated  March,  1812,  that  the  compa- 

&sk 190,000    ny  asked  .$190,000  for  the  shares  held  by  them,  exclusive  of 

dollars,  &c.       J  *       7  J 

three  hundred  and  fifty  shares  held  by  the  state.  And  the  pre- 
sent commissioners  coincide  in  the  opinion  with  the  former  board, 
that  the  price  then  asked  is  unreasonably  high. 

Sessions  from      'phg  commissioners  have  obtained  cessions  of  the  land  to  be 

£6  persons. 

occupied  by  the  Erie  canal,  from  fifty-six  persons,  through  whose 
farms  the  line  passes,  west  of  the  Seneca  river ;  and  they  have 
obtained,  through  the  agency  of  the  engineers  employed  between 
the  Seneca  river  and  Schoharie  creek,  a  considerable  number  of 
cessions,  from  persons  living  within  those  limits  ;  but  as  the  deeds 
of  cession,  except  those  which  relate  to  lands  west  of  the  Seneca 
river,  are  not  here,  and  as  these  deeds  do  not,  in  general,  express 
the  length  of  line  conveyed  by  those  who  have  executed  them 
respectively,  neither  the  precise  number  of  these  deeds,  nor  the 
exact  extent  of  the  lands  which  they  cover  can  at  present  be  as- 
certained. 

Though  the  commissioners,  at  an  early  day,  procured  blank 
forms  of  cessions  to  be  printed  (some  of  which  were  delivered  to 
the  engineers  on  the  different  sections  of  the  canals)  and  have 
found  more  than  nine-tenths  of  those  to  whom  they  were  offered 
for  subscription,  willing  to  make  a  donation  to  the  state  of  that 
strip  of  their  land,  which  would  be  required  for  the  canal,  it  has 
not  yet  been  in  their  power  to  secure  a  large  portion  of  the  canal 
lines.  Much  of  the  land  lying  in  the  western  part  of  the  state  is 
owned  by  persons  who  do  not  reside  there.  The  agent  of  the 
Offer  of  «2rent  Holland  land  company  has  offered  to  convey  to  the  state  a  strip  of 

»fHol|andland        ...  ,     .  ,    ,    .  .  K 

f?o.  land  tor  the  canal,  through  their  possessions,  not  exceedingfour 

rods  in  width,  on  condition  that  the  state  shall  make  a  good  harbor 
for  lake  vessels  at  the  mouth  of  Buffalo  creek,  a  condition,  which 
the  commissioners  think  entirely  inadmissible.  Other  agents 
did  not  feel  themselves  authorised  to  make  the  donations  desired, 
without  consulting  their  principals.  This  they  engaged  to  do, 
0  r!  af  the  same  time  expressed  decided  expectations  of  receiving 


( (ANAL  LAWS,  fc<  . 


333 


favorable  answers,  but  had  not  received  those  answers  at  the  date  1817. 
of  the  last  communications  between  them  and  the  commissioners,  v^-v^* 
In  some  cases  the  owners  of  the  land,  though  usually  resident 
there,  were  absent  from  home,  and  it  has  hitherto  been  inconve- 
nient to  make  application  to  them.  Besides,  in  exploring  the 
route  of  the  canal,  in  a  country  but  partially  cleared,  it  w  as  im- 
possible for  the  engineer,  in  first  running  it  over,  to  determine, 
in  many  places,  where  the  canal  line  would  pass.  After  advan- 
cing some  distance  in  a  doubtful  course,  difficulties  would  be  met 
with,  which  made  it  expedient  to  go  back  upon  the  line  to  some 
point,  whence  a  more  eligible  course  might  be  pursued.  In  such 
cases,  cessions  on  the  route  first  explored  would  be  useless  ;  and 
a  few  of  the  deeds  actually  obtained  are  of  this  description. — 
And  although  the  line  of  canal  presents  but  fewr  obstructions, 
and  is  in  general  extremely  favorable,  yet  it  cannot  be  doubted, 
but  that  the  more  minute  and  extensive  examinations  of  resident 
engineers,  to  whose  superintendence  the  execution  of  the  work 
ought  to  be  entrusted,  w  ill  point  out  many  partial  deviations  from 
this  line,  which  may  be  made  with  great  advantage  and  economy. 
Hence  it  seemed  the  less  important  to  obtain  deeds  of  cession, 
on  a  first  survey,  even  if  the  more  general,  and,  as  was  judged, 
more  pressing  duties  of  the  commissioners  and  engineers,  had 
allowed  the  necessary  time.  And  it  was  thought,  in  reference  to 
all  those  parts  of  the  route  of  both  canals,  w  hich  should  not  be 
immediately  undertaken,  that  the  inducements  to  give  the  lands 
to  be  occupied  by  the  canals,  would  rather  be  increased  than  di- 
minished, by  making  the  eventual  success  of  the  whole  projects 
to  depend,  as  well  upon  the  encouragement  offered  by  those  who 
are  most  interested  therein,  as  upon  the  success  of  those  parts  ac- 
tually to  be  commenced. 

It  is  not  to  be  denied,  that  a  few  indiv  iduals  whose  lands  will  be 
crossed  by  canals,  have  refused  to  make  a  donation  of  any  part  of 
those  lands  to  the  state.  A  provision  by  the  legislature,  there- 
fore, seems  to  be  required,  for  taking  the  necessary  possession  of 
lands  so  withheld.  Whether  this  provision  extend  to  a  few  case-, 
more  or  less,  appears  not  to  be  very  material,  as  if  it  is  equitable, 
it  will  doubtless  involve  no  public  expense,  except  in  cases  where 
It  interferes  with  expensive  existing  improvements. 

The  commissioners,  from  the  best  information  which  they  h%ve 


CANAL  LAWS,  &c. 


1817.     been  able  to  obtain,  entertain  no  doubt  but  that  the  necessary 

v  ■  lands  on  the  whole  route  of  the  canals  may,  with  a  few  exceptions, 

be  procured  gratuitously. 

All  which  is  respectfully  submitted, 

DE  WITT  CLINTON, 
MYRON  HOLLEY, 
SAMUEL  YOUNG. 

Albany,  April  1,  1817. 

Ordered,  That  the  said  communication  be  committed  to  a 
•committee  of  the  whole  house,  when  on  the  bill,  entitled  "an  act 

concerning  navigable  communications  between  the  great  western 
and  northern  lakes  and  the  Atlantic  ocean" 

XIX, 

LEGISLATIVE  PROCEEDINGS  IN  1817,' 

( Including  the  Fall  Session  ofl  8 16.  J 

GOVERNOR'S  SPEECH  TO  THE  LEGISLATURE.  : 
Governor's      On  the  5th  November,  1816,  the  Governor  TD.  D.  Tompkins] 

speech  to  the        ,  ,  ,      .       .  ,      '  m,  L    .    .  ,"s< 

legislature,  made  a  speech  to  the  Legislature.  That  part  relating  to  canals 
is  as  follows  :  "  It  is  respectfully  submitted  to  your  wisdom  to 
"  make  provision  at  the  present  session,  for  employing  a  part,  at 
"  least,  of  the  state  prisoners,  either  in  building  the  new  prison 
"  at  Auburn,  erecting  fortifications,  opening  and  repairing  great 
"  roads,  constructing  canals,  or  in  making  other  improvements. 
."As  the  guardians  of  the  prosperity,  liberty  and  morals  of  the 
"  state,  we  are  bound  by  every  injunction  of  patriotism  and  wis- 
"  dom,  to  endow  to  the  utmost  of  our  resource:,  schools  and  se- 
"  minaries  of  learning,  to  patronize  public  improvements,  and  to 
"  cherish  all  institutions  for  the  diffusion  of  religious  knowledge, 
"  and  for  the  promotion  of  virtue  and  piety."    On  the  1 1th,  the 

Answer  of  the  Senate  adopt  their  answer.  (Reported  by  Mr,  Cantine,  from  the 
committee  appointed  for  the  purpose.  The  Senate  say  :  "  The 
<£  cause  of  liberty  is  entrusted  to  our  guardianship  and  protection. 
"  We  now  present  the  sole  exception  in  the  civilized  world,  of  a 
"  free  representative  government.  This  is  the  last  anchor  of  hope 
"  to  the  friends  of  freedom  in  the  world,  and  it  is  to  be  hoped  that 
"  we  shall  prove  ourselves  worthy  of  the  precious  deposit,  and  of 
"  the  high  destinies  to  which,  under  the  guardian  of  the  great 


CANAL  LAWS,  &c. 


335 


oi  cana . 
commissioners 


"  Governor  of  the  Universe,  we  may  reasonably  expect  to  ar-  1S17. 

"  rive.    The  Senate  most  cordially  reciprocate  the  sentiments  of  s^^^, 

"your  excellency,  that  we  are  bound  by  every  injunction  of 

"  patriotism  and  wisdom,  to  endow  to  the  utmost  of  our  resour- 

P  ces,  schools  and  seminaries  of  learning ;  to  patronize  public 

"  improvements,  and  to  cherish  all  institutions  for  the  diffusion 

"  of  religious  knowledge  and  for  the  promotion  of  virtue  and  pi- 

"  ety,  and  assure  your  excellency,  that  no  effort  will  be  wanting 

S  on  their  part  to  promote  these  desirable  objects."     The  As- 

semblv  in  their  answer,  reported  bv  Mr.  Irvine,  from  the  com- The  anmrrf 

1  J  °*  (he  assemblv. 

mittee  appointed  for  the  purpose,  and  adopted  Nov.  9,  say  : — 
"The  subjects  which  your  excellency  has  recommended,  shall 
"  receive  our  particular  attention.  It  should  indeed  be  a  matter 
*  of  pious  thankfulness,  that,  no  longer  apprehensive  of  foreign 
"  violence,  we  can  employ  our  deliberations  principally  in  the  en- 
"  couragement  of  those  arts  and  institutions  which  so  mainly 
"contribute  to  the  welfare  and  prosperity  of  a  people." 

On  the  17th  February,  the  report  of  the  canal  commissioners,  Rep0ri 
made  that  day  to  the  legislature,  was  referred  to  a  joint  commit-  ^erred.' 
tee,  consisting  of  Messrs.  Ford,  Pendleton,  Child,  Eckford  and 
Wilcoxson  of  the  assembly,  and  Messrs.  Livingston,  Tibbits  and 
Swift  of  the  Senate.  • 

On  the  17th  March,  1S17,  the  executive  of  this  state,  laid  be-  Procccdil,0.,  ^ 
fore  the  Senate  the  report  of  the  joint  committee  of  the  General  Ohio- 
Assembly  of  the  state  of  Ohio,  on  the  sub  ject  of  the  contemplated 
canal  from  Lake  Erie  to  the  Hudson,  and  the  resolution  of  that 
assemblv  thereon.     [See  Appendix  to  the  report  of  canal  com- 
missioners, page  298.] 

The  report  and  resolution  were  referred  to  the  committee  to 

whom  the  report  of  the  canal  commissioners  had  been  referred. 

On  the  19th  of  March,  Mr.  Ford  from  the  joint  committee  on 

ii  i     •         I  i  t       i     i  -ii        •  i    i  „  Bill  brought  in, 

canals,  brought  into  the  assembly,  the  bill,  entitled  11  an  act  con- 
cerning navigable  communications  between  the  great  western 
and  northern  lakes  and  the  atlantic  ocean." 

On  the  Sth  of  April,  die  assemblv  went  into  committee  of  the  Proceedings 
whole  on  this  bill,  and  on  the  motion  of  Mr.  Ford,  that  part  of  °"  c  ' 
the  5th  section  which  directed  "an  annual  tax  for  ten  years  upon  ,nouon.Ford  * 
"  the  whole  valuation  of  real  and  personal  estates  of  the  counties, 
"  cities  and  towns  herein  after  specified,  and  supposed  to  be  more 
"  immediatelv  benefited  1>\  the  said  canals,  which  tax  slirtll  not 


836 


CANAL  LAWS,  &<r. 


"  produce  less  than  ninety-six  thousand  dollars  yearly,''  was 
stricken  out. 


For  the  affirmative* 


Mr.  Beckwith,- 

Mr.  Moocr^ 

Mr.  Brown, 

Mr.  Mott, 

Mr.  Burhans, 

Mr.  Noble, 

Mr.  Campbell, 

Mr.  Olmstead, 

Mr.  Child, 

Mr.  Ostrandeiv 

Mr.  Crolios, 

Mr.  Petit, 

Mr.  Day, 

Mr.  Pitcher, 

Mr.  Eldridge 

Mr.  Romaine,- 

Mr.  Finch, 

Mr.  Roseburgh, 

Mr.  Fonda, 

Mr.  Rosecrantz, 

Mr.  Ford, 

Mr.  Russell, 

Mr.  Gale, 

Mr.  Sanford, 

Mr.  Gansorr, 

Mr.  Sargent, 

Mr.  A.  Green, 

Mr.  Sears, 

Mr.  B.  Greer*. 

Mr.  Sherman, 

Mr.  Hamilton, 

Mr.  I.  Smith, 

jvir.  riccii v , 

Mr     R  ^mith 
..HI  .    IV.    O IIll II J, 

Mr.  Hopkins, 

Mr.  S.  A.  Smitl 

AT**      rTr»n  frntnliinn* 
i>ir.  IlUU^llldllHyj 

Dir.    OUCd.lVt-1  , 

Mr.  Larzelere, 

Mr.  Tabor, 

Mr.  Lee, 

Mr.  Wakeh-, 

Mr.  M'Fadden, 

Mr.  Warner, 

Mr.  Mann, 

Mr.  Webb, 

Mr.  Maynard, 

Mr.  Webster, 

]\Ir.  Miles, 

Mr.  Wells, 

Mr.  G.  Miller, 

Mr.  Wilcoxson, 

For 

the  Negative. 

Mr.  Albert, 

Mr.  Kissam, 

Mr.  Ambler, 

Mr.  Marsh, 

Mr.  Barber, 

Mr.  A.  Miller, 

Mr.  Barnes, 

Mr.  J.  Miller, 

Mr.  Beach, 

Mr.  Paine, 

Mr.  Benton, 

Mr.  Palmer, 

Mr.  Blauvelc 

Mr.  Parson- 

CANAL  LAWS,  fcc. 


Mr.  Boweu, 

Mr.  I  entileton, 

Mr.  Callender, 

Mr.  Pixley, 

Mr.  Camp, 

1%  T             T"»l  M 

Mr.  Piatt, 

TIT        /""<  11 

Air.  Carll, 

Mr.  Porter, 

AT  /~i 

Mr.  Carman, 

AT        TA          1  . 

Mr.  Prendergasi, 

Mr,  Carpenter, 

Mr.  Rochester, 

Mr.  Conklm, 

Mr.  Jk.  omiti), 

lur.  ^or^on, 

Mr.  Squire, 

i»ir.  ODcUDUlSj 

Mr.  Dickenson, 

Mr.  lappen, 

All.  FW.r 

ixir.  JJoty, 

Mr.  Townsend, 

"AT  „    t^v  . .  

Mr.  Duer, 

Mr.  Victory, 

Mr,  Jbmott, 

TAT-     ■fir   li  '  l 

.Mr.  Walbndge, 

Mr.  Faulkner, 

iVlr.  Watson, 

Mr.  Hawley, 

Mr.  vvnite, 

Mr.  Hedges, 

Mr.  Williams,  ■ 

Mr.  Hulburt, 

Mr.  Wilson, 

Mr.  Jones, 

Mr.  Wood, 

Mr.  Keeler, 

Mr.  Duer  then  moved  to  strike  out  the  words  in  the  said  5th  Mr.  Daerts 
section,  "  and  dollars  hereby  appropriated  annually  in  lieu  motl011- 

*  and  stead  of  the  appropriation  now  made  by  law  out  of  said 

•  duties  for  the  support  of  foreign  poor."    Motion  negatived  by 
all  the  votes  except  25,  viz. 


For  the  Negative* 


Mr.  Albert, 
Mr.  Ambler, 
Mr.  Barber, 
Mr.  Barnes, 
Mr.  Beckwith. 
Mr.  Burhans, 
Mr.  Camp, 
Mr.  Campbell. 
Mr.  Cuck, 
Mr.  Doty, 
Mr.  Duer, 
Mr.  Hawley, 
Mr.  Hilton. 


Mr.  Hulburt, 
Mr.  Marsh, 
Mr.  I.  Miller, 
Mr.  Noble, 
Mr.  Olmstead, 
Mr.  Ostrander. 
Mr.  Palmer, 
Mr.  Piatt, 
Mr.  Prendergasi, 
Mr.  Squire, 
Mr.  Stebbins, 
Mr.  Wilcoxson 


Divifion 


43 


338 


CANAL  LAWS,  fcc. 


1817.       The  5th  section  was  then  carried  by  all  the  votes  except  3k 


 v 

5th  section 
carried. 


'  The  35  who  voted  in  the  negative  were  as  follows,  viz. 

For  the  Negative. 


Difisioj] 


Mr.  Benton, 

Mr.  Pendleton, 

Mr.  Blauvelt, 

Mr.  Pixley, 

Mr.  Bo  wen, 

Mr.  Romaine, 

Mr.  Callender, 

Mr.  Russell, 

Mr.  Corson, 

Mr.  Sanford, 

Mr.  Crolius, 

Mr.  E.  Smith, 

Mr.  Cuck, 

Mr.  I.  Smith, 

Mr.  Doty, 

Mr.  S.  A.  Smith. 

Mr.  Emott, 

Mr.  Squire, 

Mr.  Heeny. 

Mr.  Stebbins, 

Mr.  Hulburt, 

Mr.  Tappen, 

Mr.  JonesT 

My.  Townsend. 

Mr.  Keeler. 

Mr.  Victory, 

Mr.  Kissam, 

Mr.  Warner, 

Mr.  Mann, 

Mr.  Watson. 

Mr.  A.  Miller. 

Mr.  White, 

Mr.  Paine, 

Mr.  Williams. 

Mr.  Parsons, 

6th  section 
negatived. 


The  6th  section,  which  proposed  to  lay  a  "  tax  for  the  term  of 
"  ten  years  for  the  use  of  the  canal  fund,"  in  certain  proportions, 
on  the  city  and  county  of  New-York,  city  of  Albany  and  town  of 
Watervliet,  city  of  Troy  and  village  of  Lansingburgh,  the  towns 
of  Waterforcf,  Stillwater,  Saratoga,  Northumberland,  Moreau, 
on  all  the  towns  in  Washington  county  except  Cambridge,  Jack- 
son and  White-creek,  on  the  counties  of  Essex,  Clinton,  Mont- 
gomery, Herkimer,  Oneida,  Madison,  Onondaga,  Cayuga,  Sen- 
eca, Ontario,  Genesee,  Niagara  and  Chautauque,  was  negatived 
by  all  the  votes  except  those  of  37  members,  viz. 


For  the  Negative. 


Division. 


Mr.  Ambler, 
Mr.  Barber, 
Mr.  Benton, 
Mr.  Blauvelt, 
Mr.  Bo  wen, 
Mr  Callender. 


Mr.  Kissam, 
Mr.  A.  Miller, 
Mr.  Paine, 
Mr.  Parsons, 
Mr.  Peek, 
Mr.  Pendleton. 


CANAL  LAWS,  &c. 


Mr.  Carman, 

\f  »• 

. 

rixitv 

Mr.  Carpenter, 

Air. 

I  iatt, 

Mr.  L/onklin. 

ivr.. 

.r  ortei , 

Mr.  Corson, 

Mr. 

Prendergast, 

Mr  fiiftr 

Mr.  v^ucKj 

Mr 

li.  ouiiin, 

Mr.  Uoty, 

Mr. 

Mr.  Uuer, 

Mr. 

o  * 

oquire, 

Mr.  iMnott, 

Mi* 
Ml . 

Stebbins, 

ivir,  neuges, 

Mr 

Mr.  Hilton, 

Mr. 

Victory, 

Mr.  Hulburt, 

Mr. 

White, 

Mr.  Jones, 

Mr. 

Wood. 

Mr.  Keeler, 

1817 

— v — 


The  7th  section  (which  became  the  Gth  section  in  the  bill  as   Mr.  Forces 
nally  passed  into  a  law)  was  then  considered.    Mr.  Ford  moved  ™tion.°n 
to  insert  12  1-2  cents  in  the  first  blank  for  the  tax  on  each  bushel 
of  salt,  &c.    The  motion  prevailed  by  all  the  votes  except  30, 
hich  were  as  follows,  viz. 


For  the  Negative, 


Mr.  Beach. 

Mr.  Mann, 

Mr.  Beck  with, 

Mr.  Pendleton, 

Mr.  Brown, 
Mr.  Conklin, 

Mr.  Petit, 
Air.  Porter, 

Mr.  Crolius. 

Mr  Rosecrantz,  • 

Mr.  Day, 

Mr.  Russell, 

Mr.  Doty, 

Mr.  E.  Smith, 

Mr.  Finch, 

Mr.  S.  A.  Smith, 

Mr.  Ford, 

Mr.  Stebbins, 

Mr.  Heeney, 
Mr.  Houghtaling, 
Mr.  Kissam, 

Mr.  Tappen, 
Mr.  Wakeley, 
Mr.  Webster, 

Mr.  Larzelere, 

Mr.  Wilcoxson. 

Mr.  Lee, 

Mr.  Wilson, 

Mr.  M'Fadden, 

Mr.  Wood. 

frivisioo. 


On  the  9th  of  April  the  discussion  of  the  bill  was  resumed 
in  the  Assembly.    Mr.  Diier  moved  to  add  a  clause  (which  even-    Mr*  Du<vr* 

«•    .  •  v  motion, 

tually  became  the  7th  section  of  the  bill,  as  passed  into  a  law 
with  some  modification,  it  imposed  a  tax  on  lands  within  25  mile^ 


€ANAL  LAWS,  &c. 


on  each  side  of  the  canals,  &c.  (See  the  law.)  It  passed  in 
the  affirmative. 


For  the  Affirmative* 


Mr.  Barber, 

Mr.  Jones, 

Mr.  Barnes, 

Mr.  Keeler, 

Mr.  Beach, 

Mr.  Mann, 

Mr.  Benton, 

Mr.  Maynard, 

Mr.  Blauvelt, 

Mr.  A.  Miller, 

Mr.  Bowen, 

Mr.  J.  Miller, 

Mr.  Burhans, 

Mr.  Paine, 

Mr.  Callender, 

Mr.  Parsons, 

Mr.  Campbell. 

Mr.  Peek, 

Mr.  Carll, 

Mr.  Pendleton; 

Mr.  Carman, 

Mr.  Pixley, 

Mr.  Carpenter, 

Mr.  Piatt, 

Mr.  Concklin, 

Mr.  Rochester, 

Mr.  Cook, 

Mr.  Sherman, 

Mr.  Corson, 

Mr.  E.  Smith, 

Mr.  Cuck, 

Mr.  R.  Smith, 

Mr.  Dickinson, 

Mr.  S.  A.  Smith, 

Mr.  Doty, 

Mr.  Squire, 

Mr.  Duer, 

Mr.  Stebbins, 

Mr.  Emott, 

Mr.  Tabor, 

Mr.  Finch, 

Mr.  Tappen, 

JMr.  A.  Green, 

Mr.  Townsend, 

Mr.  Hamilton, 

Mr.  Turner, 

Mr.  Hammond, 

Mr.  Victory, 

Mr.  Hawley, 

Mr.  Walbridge, 

Mr.  Hedges, 

Mr.  Warner, 

Mr.  Heeney, 

Mr.  Watson, 

Mr.  Hilton, 

Mr.  White, 

Mr.  Houghtaling, 

Mr.  Williams, 

Mr.  Hulbert, 

Mr.  Wood, 

Mr.  Hubbard, 

For  the  Negative* 

Mr.  Allen, 

Mr.  Mooers, 

Mr.  Ambler, 

Mr.  Mott, 

Mr.  Beckwith, 

Mr.  Olmstead, 

Mr.  Brown, 

Mr.  Ostrander. 

CANAL  LAWS,  fee. 


J4l 


Mr.  Camp, 

Mr.  Palmer. 

Vfr.  Child, 

Mr.  Pettit, 

Mr.  Crolius, 

Mr.  Pitcher, 

3Ir.  Day, 

Mr.  Porter, 

Mr.  Eldridge, 

Mr.  Prendergast, 

Mr.  Faulkner, 

Mr.  Romaine, 

Mr  Fonda, 

Mr.  Roseburgh, 

Mr.  Ford, 

Mr.  Rosec rants, 

Mr.  Gale, 

Mr.  Russell, 

Mr.  Ganson, 

Mr.  Sanford, 

Mr.  Gros, 

Mr.  Sargent, 

Mr.  Jackson, 

Mr.  Sears, 

Mr.  Kissam, 

Mr.  I  Smith. 

Mr.  Larzelere, 

Mr.  Speaker, 

Mr.  Lee, 

Mr.  Wakelv. 

Mr.  M'Fadden. 

Mr.  Webb, 

Mr.  Marsh, 

Mr.  Webster, 

Mr.  Miles, 

Mr.  Wells. 

Mr.  G.  Miller, 

Mr.  Duer  also  moved  that  the  blank  in  the  last  preceding  clause  Mr.  Duer's 

be  filled  with  250,000  dollars,  [being  the  amount  of  tax  to  be  as-  mot,on' 
sessed  and  levied  on  lands  within  25  miles  of  the  canal,  &c]  and 
the  motion  prevailed. 


For  the  Affirmative 


Mr.  Albert, 

Mr.  Mann, 

Mr.  Barber, 

Mr.  A.  Miller. 

Mr.  Benton, 

Mr.  Noble, 

Mr.  Blauvelt, 

Mr.  Paine, 

Mr.  Bo  wen, 

Mr.  Parsons, 

Mr.  Burhans, 

Mr.  Peek, 

Mr.  Callender, 

Mr.  Pendleton, 

Mr.  Campbell, 

Mr.  Pixie y. 

Mr.  Carman, 

Mr.  Piatt, 

Mr.  Carpenter, 

Mr.  Sanford. 

Mr.  Cook, 

Mr.  Sears, 

Mr.  Corson, 

Mr.  Sherman, 

Mr.  Crolius, 

Mr.  E.  Smith, 

Mr.  Cuck, 

Mr.  S.A.Smith. 

CANAL  LAWS  &fc. 


Mr.  Dickinson. 

Mr.  Squire, 

Mr.  Doty, 

Mr.  Stebbins, 

Mr.  Duer, 

Mr.  Tabor, 

Mr.  Emott, 

Mr.  Tappen, 

Mr.  Faulkner, 

Mr.  Townsend, 

Mr.  Finch, 

Mr.  Victory, 

Mr.  Gale, 

Mr.  Walbridge, 

Mr.  Hedges, 

Mr.  Warner, 

Mr.  Heeney, 

Mr.  Watson, 

Mr.  Hilton, 

Mr.  White, 

Mr.  Hulbert, 

Mr.  Williams, 

Mr.  Jones, 

Mr.  Wood. 

Mr,  Keeler. 

For  the  Negative. 


Mr.  Allen, 

Mr.  Maynard, 

Mr.  Ambler, 

Mr.  G.  Miller, 

Mr.  Barnes, 

Mr.  J.  Miller, 

Mr.  Beach, 

Mr.  Mooers, 

Mr.  Beckwith. 

Mr.  Mott, 

Mr.  Brown, 

Mr.  Olmstead, 

Mr.  Camp, 

Mr.  Palmer, 

Mr.  Child, 

Mr.  Pettit, 

Mr.  Day, 

Mr.  Pitcher, 

Mr.  Eldridge, 

Mr.  Porter, 

Mr.  Fonda, 

Mr.  Prendergast, 

Mr.  Ford, 

Mr.  Rochester, 

Mr.  Ganson, 

Mr.  Romaine, 

Mr.  A.  Green. 

Mr.  Roseburgh. 

Mr.  Gros, 

Mr.  Russell, 

Mr.  Hamilton, 

Mr.  Sargent, 

Mr.  Hammond, 

Mr.  I.  Smith, 

Mr.  Houghtaling, 

Mr.  R.Smith, 

Mr.  Jackson, 

Mr.  Speaker, 

Mr.  Kissam, 

Mr.  Turner, 

Mr.  Larzelere, 

Mr.  Wakely, 

Mr.  Lee, 

Mr.  Webb, 

Mr.  M'Fadden, 

Mr.  Webster, 

Mr.  Marsh, 

Mr.  Wells, 

CANAL  LAWS,  &c. 


343 


A  motion  was  made  by  Mr.  Beach  to  reconsider  the  last  vote  •  1817. 

but  it  was  negatived  by  55  to  42  votes.    Mr.  Barnes  then  moved  v  v  

to  add  a  ^?roi'?'so  to  the  section  proposed  by  Mr.  Duer,  declaring 
■  that  the  tax  shall  not  be  levied  till  the  canals  shall  be  comple- 
M  ted  from  the  Mohawk  to  Seneca  river,  and  from  the  Hudson 
M  river  to  Lake  Champlain;  nor  until  in  the  opinion  of  the  ca- 
"  nal  commissioners,  and  the  commissioners  of  the  canal  fund, 
u  the  said  tax  shall  be  necessary  for  the  - prosecution  of  the 
"  works  hereby  contemplated — and  further  that  the  said  tax 
a  be  collected  in  not  less  than       yearly  assessments. " 

This  motion  was  negntived  by  all  the  votes  except  33,  which  Division 
were  those  of 


Mr. 

Allen. 

Mr. 

Maynard. 

Mr. 

Ambler. 

Mr. 

Miles, 

Mr. 

Beach. 

.Mr. 

G.  Miller. 

Mr. 

Beckwitli. 

Mr. 

Mooers, 

Mr. 

Brown. 

Mr. 

Mott, 

Mr. 

Crolius, 

Mr. 

Pettit 

Mr. 

Day, 

Mr. 

Pitcher, 

Mr. 

Eldridge. 

Mr. 

Roseburgh. 

Mr. 

Faulkner. 

Mr. 

Russell, 

Mr. 

Fonda. 

Mr. 

Sargent, 

Mr. 

Ford, 

Mr. 

I.  Smith, 

Mr. 

Gale, 

Mr. 

Speaker. 

Mr. 

Houghtaling. 

Mr. 

Wakely, 

Mr. 

Jackson, 

Mr. 

Webb, 

Mr. 

Larzelere, 

Mr. 

Wells, 

Mr. 

M'Fadden, 

Mr. 

Wilcoxson, 

Mr. 

Marsh, 

Mr.  Sargent  then  moved  to  reject  the  whole  bill,  which  motion  Mr.  Sargetu\« 
vas  negatived  by  all  the  votes  except  those  of  30,  viz.  those  of 


Mr.  Bleauvelt. 
M     Mr.  Carll, 
Mr.  Carman. 
Mr.  Conklin. 
Mr.  Cook, 
Mr.  Corson. 
Mr.  Crolius. 
Mr.  Dot  v. 


Mr.  Parsons,  DlVision 

Mr.  Romaine. 

Mr.  Sanford, 

Mr.  Sargent, 

Mr.  Sherman. 

Mr.  E.  Smith. 

Mr.  J,  Smith. 

Mr.  S.  A.  Smith 


344 


CANAL  LAWS,  &c. 


1817.  Mr.  Gale,  Mr.  Squire, 

v — Mr.  Jones,  Mr.  Stebbins, 

Mr.  Keeler.  Mr.  Tappen, 

Mr.  Mann,  Mr.  Townsend. 

Mr.  Miles,  Mr.  Victory, 

Mr.  A.  Miller.  Mr.  White, 

Mr.  Paine,  Mr.  Wood,  30 

Mr.  Eidridge's    On  the  10th  of  April,  the  discussion  was  again  resumed  in 

motion.  r     7  0 

the  Assembly.  Mr.  Eldridge  moved  to  add  a  proviso,  declaring 
"  that  the  lands  contemplated  to  be  taxed  shall  include  25  miles 
M  east  and  west  of  the  beginning  and  ending  of  the  canal  be- 
"  tween  the  Mohawk  and  the  Seneca  river,  and  all  the  towns  ad- 
Mr.Lamlere^ "  joining  the  Seneca  and  Cayuga  lakes;"  and  Mr.  Larzelere 
moved  to  add  to  that  proviso,  "  and  the  city  of  Albany."  The 
amendment  proposed  by  Mr.  Larzelere  was  negatived  by  all  the 
votes  except  19,  viz. 


Division- 


Mr.  Blauvelt.  Mr.  Miles, 

Mr.  Brown,  Mr.  Pettit, 

Mr.  Carll,  Mr.  Pitcher, 

Mr.  Cook,  Mr.  Sanford, 

Mr.  Corson,  Mr.  Sargent, 

Mr.  Day,  Mr.  Speaker, 

Mr.  Gale,  Mr.  Stebbins, 

%    Mr.  Keeler,  Mr.  Tappen, 

Mr.  Larzelere,  Mr.  Victory, 
Mr.  M'Fadden,  19 

The  question  was  then  taken  on  the  proviso  as  proposed  b 
Mr.  Eldridge,  and  it  was  negatived  as  follows : 

For  the  Negative, 

Mr.  Barber,  Mr.  Kissam, 

Mr.  Barnes,  Mr.  Larzelere, 

Mr.  Bowen,  Mr.  Lee, 

Mr.  Brown,  '                 Mr.  Mann, 

Mr.  Burhans,  Mr.  G.  Miller, 

Mr.  Callender,  Mr.  Noble, 

Mr.  Campbell.  Mr.  Ostrander. 


CANAL  LAWS,  &c. 


Mr.  Carman, 

Mr.  Parsons, 

Mr.  Child, 

Mr.  Peek. 

Mr.  Coricklin, 

Mr.  Pendleton, 

Mr.  Corson, 

Mr.  Pixley, 

Mr.  Crolius, 

Mr.  Piatt, 

Mr.  Cuck, 

:Mr.  Romaine, 

Mr.  Dickinson. 

Mr.  Russell, 

Mr.  Duer, 

Mr.  Sherman, 

Mr.  Emott. 

Mr.  E.  Smith, 

Mr.  Fonda, 

Mr.  Squire, 

Mr.  Ford, 

Mr.  Stebbin<. 

Mr.  Hammond, 

Mr.  Tabor, 

Mr.  Hawley, 

Mr.  Townsend, 

Mr.  Heeney, 

Mr.  Walbridge, 

Mr.  Hilton, 

Mr.  Warner, 

i»n .  ouiueri, 

i>jr.  vv  nne, 

Mr.  Jackson, 

Mr.  Wilcoxson, 

Mr.  Jones, 

Mr.  Wood, 

Mr.  Keeler, 

For  the 

Affirmative. 

Mr.  Allen, 

Mr.  J.  Miller. 

Mr.  Ambler. 

Mr.  Mooers, 

Mr.  Beach, 

Mr.  Mott, 

Mr.  Beckwith. 

Mr.  Olmstead, 

Mr.  Benton, 

Mr.  Pettit, 

Mr.  Blauvelt. 

Mr.  Pitcher. 

Mr.  Camp, 

Mr.  Porter, 

Mr.  Carpenter. 

Mr.  PrendergastT 

Mr.  Cook, 

Mr.  Roseburgh, 

Mr.  Day, 

Mr.  Rosecreants. 

Mr.  Eldridge. 

Mr.  Sanford, 

Mr.  Faulkner, 

Mr.  Sargent, 

Mr.  Finch, 

Mr.  I.  Smith, 

Mr.  Gale, 

Mr.  R.  Smith, 

Mr.  Gansou, 

Mr.  S.  A.  Smith 

Mr.  A.  Green, 

Mr.  Speaker, 

Mr.  Gros, 

Mr.  Turner, 

Mr.  Hamilton 

Mr.  Victory. 

Mr.  Hedg,r,>. 

Mr  Watson. 

181' 




"Divisicm. 


51 


44 


CANAL  LAWS,  &c. 


1817. 


Mr.  M'Fadden, 
Mr.  Marsh, 
Mr.  Maynard. 
Mr.  Miles, 


Mr.  Webb, 
Mr.  Wells, 
Mr.  Williams, 
Mr.  Wilson, 


4& 


nt-  ,    The  vote  0U  tne  fi^n  section  of  the  bill  was  then  re-consider- 

Mr.  Williams' 

motion.  ed,  (this  is  the  fifth  section  of  the  law  as  passed  with  some  modi- 
fication) and  Mr.  Williams  moved  to  strike  out  the  words,  "  and 
"  .$10,000  hereby  appropriated  annually,  in  lieu  and  instead  of 
"  the  appropriation  now  made  by  law,  out  of  said  duties,  for  the 
"  support  of  foreign  poor."    This  motion  was  lost  by  57  to 


41,  as  follows 


For  the  Negative. 


rJivIsi'OT>» 


Mr, 

A  11 

Allen,  # 

Mr. 

Mooers, 

Mr. 

.Beach, 

Mr. 

Mott, 

Mr. 

Blauvelt, 

H  If 

Mr. 

Fame, 

Mr. 

L/allender, 

Mr. 

Parsons. 

Mr. 

Uarll, 

Mr. 

reek, 

Mr. 

Carman. 

Mr. 

Pendleton. 

Mr. 

Cook, 

Mr. 

Pitcher, 

Mr. 

Corson,  * 

Mr. 

Porter, 

Mr. 

Cr  olios, 

Mr. 

Rochester. 

Mr. 

Day, 

Mr. 

Romaine, 

Mr. 

Doty, 

Mr. 

Rosecrants, 

Mr. 

Eldridge, 

Mr. 

Russell, 

Mr. 

Faulkner 

Mr. 

Sanford, 

Mr. 

Finch, 

Mr. 

Sherman. 

Mr. 

Gros, 

Mr. 

I.  Smith, 

Mr. 

Hamilton. 

Mr. 

R.  Smith, 

Mr. 

Hedge. 

Mr. 

S.  A.  Smith. 

Mr. 

Heeney. 

Mr. 

Squire, 

Mr. 

Hilton, 

Mr. 

Tappen, 

Mr. 

Jackson. 

Mr. 

Townsend, 

Mr. 

Jones, 

Mr. 

Victory, 

Mr. 

Keeler, 

Mr. 

WakelV. 

Mr. 

Kissam, 

Mr. 

Warner, 

Mr. 

Lee, 

Mr. 

Watson. 

Mr. 

M'Fadden. 

Mr. 

Webb, 

Mr. 

Matin, 

Mr. 

Webster, 

CANAL  LAWS,  kt. 


Mr. 

Miles, 

Mr.  Welk, 

Mr. 

A.  Miller, 

Mr.  White, 

Mr. 

G.  Miller, 

IT* 

the  Jljjirmative. 

Mr. 

Ambler,  . 

Mr.  Marsh, 

Mr. 

Barber, 

Mr.  Maynard, 

.Mr. 

Barnes, 

Mr.  J.  Miller, 

Mr. 

Beckwith, 

Mr.  Noble, 

Air. 

Benton, 

Mr.  Olmstead, 

Mr. 

Brown, 

Mr.  Ostrander, 

Mr. 

Burhans, 

Mr.  Palmer, 

Mr. 

Camp, 

Mr.  Pettit, 

Mr. 

Campbell, 

Mr.  Pixley, 

Mr. 

Carpenter, 

Mr.  Piatt, 

Mr. 

Child, 

Mr.  Prendergast, 

Mr. 

Cuck, 

Mr.  Sears, 

Mr. 

Duer, 

Mr.  E.  Smith, 

Mr. 

Fonda, 

Mr.  Speaker, 

Mr. 

Ford, 

Mr.  Stebbins, 

Mr. 

Ganson, 

Mr.  Turner, 

Mr. 

A.  Green, 

Mr.  Walbridge, 

Mr. 

Hammond, 

Mr,  Wilcoxson, 

Mr. 

Hawley, 

.Mr.  Williams, 

Mr. 

Hulbert, 

Mr.  Wilson, 

•  Mr. 

Larzelere, 

19] 


Division. 


41 


Two  motions,  one  by  Mr.  Ford,  to  fill  the  blank  with  $1 5,000  M  p  .  . 
and  the  other  by  Mr.  A.  Miller,  to  fill  the  blank  with  14,000  dol-  ^ \A .MUhrt 

J  motion. 

lars,  were  successively  put  and  lost,  the  first  by  52  to  45,  and  the 
last  by  55  to  42. 

Mr.  Beach  then  moved  to  add  a  clause,  declaring  "  that  all 
"  the  lauds  and  real  estate  lying  in  the  counties  of  Oneida,  Ma-  Mr  B^MkJ 
u  dison,  Onondaga,  Cayuga,  Seneca  and  Tompkins,  not  inen- 
"  tioned  and  included  in  the  6th  section  of  this  act,  shall  be  lia- 
"  ble  to  the  like  taxation  for  the  purpose  of  raising  the  aforesaid 
"  sum  of  250,000  dollars,  as  the  lands  and  real  estate  mentioned 
"  and  included  in  the  said  section."  This  motion  was  lost  by 
"  56  to  44,  as  follows. 


ANAL  LAWSj  fee 


For  the  Negative. 


Mr.  Barber, 

Mr.  Marsh, 

MV  Rumps 

Mr    A  Miller 

TVTr  Rrnwn 

XT  J.  1  .  UIUWUj 

Mr  Nnhlp 

1U1  •  llUUltj 

iVlr  Riirlmnc 

lil  l .  v/llIJblcaU, 

Mr.  Callender, 

Mr.  Ostrander, 

Mr.  Campbell, 

Mr.  Palmer, 

Mr.  Carpenter, 

Mr.  Parsons, 

Mr.  Cook, 

Mr.  Pixley, 

Mr.  Corson, 

Mr.  Piatt, 

Mr.  Crolius, 

Mr.  Porter, 

Mr.  Cuck, 

Mr.  Prendergast, 

Mr.  Dickinson, 

Mr  Rnmninp 

Mr  Dotv 

Mr  Rii«;<;p11 

I'll.     llllSM.  lit 

Mr.  Duer, 

Mr.  E.  Smith 

i»*i  •     .i.j*     Mini  it  j  . 

jVIr.  Eldridge, 

Mr.  Stebbins. 

Mr  TCmott 

Mr  Tabor 

Mr  Finch, 

-.'11  •       %■  11IV/H1 

MY  T'annpn 

i-"*i  •      JL  tlJJwClJ* 

Mr.  Oros 

Mr  Turner 

l'l  1*        X  Ul  11V1  t 

IYTp  Vfnmmriiin 

JLTil.      I  1  O  111  UIlJllVJ  , 

Mr  Wakplv 

Mr  Hede-ps 

Mr  Walbridtre 

Mr.  Hilton, 

Mr.  Warner, 

Mr.  Hulbert, 

Mr.  Watson, 

Mr.  Jackson, 

Mr.  Webster, 

Mr.  Jones, 

Mr.  White, 

Mr.  Kissam, 

Mr.  Wilcoxson, 

Mr.  Larzelere, 

Mr.  Williams, 

Mr.  Mann; 

Mi\  Wood, 

For 

the  Affirmative. 

Mr.  Albert, 

Mr.  G.  Miller. 

Mr.  Ambler, 

Mr.  J.  Miller, 

Air.  Beach, 

Mr.  Mooer>. 

Mr.  Beckwitli, 

Mr.  Mott, 

Mr.  Benton, 

Mr.  Pettit, 

Mr.  Blauvelt,  , 

Mr.  Pitcher, 

Mr.  Camp, 

Mr.  Rochester, 

Mr,  Carll 

Mr.  Roseburgh, 

Mr,  Carman, 

Mr.  RoserranK 

CANAL  LAWS,  fee. 


Mr.  Child, 

Mr.  Sanford, 

Mr.  Day, 

Mr.  Sargent, 

.Mr.  Faulkner, 

Mr.  Sears, 

Air.  Ford, 

Mr.  Sherman, 

Mr.  Gale, 

Mr.  I.  Smith, 

Mr.  A.  Green, 

Air.  R.  Smith, 

Mr.  Heeney, 

Mr.  S.  A.  Smith, 

Mr.  Houghtaling, 

Mr.  Speaker, 

Mr.  Keeler, 

Mr.  Squire, 

.Mr.  Lee, 

Mr.  Victory. 

Mr.  M'Fadden, 

Mr.  Webb, 

Mr.  Maynard. 

Mr.  Wells, 

Mr.  Miles, 

Mr.  Wilson, 

1817, 


Division. 


44 


The  question  was  then  taken  on  the  whole  bid,  and  it  was  car-   Question  <m 
vied  in  the  affirmative,  by  64  to  35;  and  the  bill  was  ordered  to 
be  engrossed. 

Those  who  voted  in  the  affirmative,  were, 


Mr.  Albert 

Mr.  Marsh. 

"  Ambler, 

"  Maynard, 

•*  Barber. 

•    G.  Miller. 

"  Barnes, 

■    J.  AfiUer, 

"  Beach. 

"  Mooers. 

u  Bcckwith, 

"  Mott, 

"  Brown, 

Noble, 

"  Burhan>. 

"  Olmstead. 

"  Camp, 

u  Ostrander. 

•k  Campbell, 

"  Palmer, 

i;  Carpenter. 

"  Pendleton. 

"  Child. 

"  Pitcher, 

Cuck, 

«  Pixley, 

k*  Day, 

«  Piatt, 

'*  Dickinson, 

••  Porter, 

**  Duct, 

"  Prendergast, 

Fid  ridge. 

"  Rochester, 

Faulkner, 

4*  Uoscburgh. 

li  Finch. 

*:  Rosccrants. 

*;  Fonda, 

•*  Scars. 

**  Ford. 

-    K.  Smith, 

*•  Can-on. 

••  Speaker, 

Divisiou 


CANAL  LAWS,  See. 


1817. 
v— ^ — 

Division, 


Mr. 

A.  Green, 

Mr.  Tabor. 

a 

Gros, 

it 

Turner, 

it 

Hammond, 

a 

Wakely, 

a 

Hedges, 

Walbridge, 

i'i 

Hilton, 

a 

Watson, 

it 

Hough  taling, 

a 

Webb, 

Ci 

Hulbert, 

it 

Wells, 

it 

Jackson, 

1 

tl 

Wilcoxson, 

a 

Larzelere, 

a 

Williams, 

Lee, 

a 

Wilson, 

64 


And  those  who  voted  in  the  negative,  were, 


Mr. 

Blauvelt, 

Mr.  Pettit, 

it 

Callender, 

"  Romaine, 

Carman, 

"  Russell, 

tt 

Cool:, 

tf  Sanford, 

a 

Corson, 

"  Sargent, 

Crolius, 

Sherman, 

a 

Doty, 

«    E.  Smith, 

u 

Emott, 

"    I.  Smith, 

tt 

Gale, 

':    S.  A.  Smith, 

u 

Heeney. 

Squire, 

tt 

Jones, 

"  Stebbins, 

it 

Keeler, 

"  Tappen, 

Kissam, 

"  Townsendj 

M'Fadden, 

Victory, 

ti 

Mann, 

"  Warner, 

Miles, 

"  Webster, 

u 

A.  Miller, 

•;  White, 

Parsons. 

"  Wood, 

Diflerence  be-    The  bill  which  thus  passed  in  the  assembly,  agrees  with  the  one 

tween  the  bill  r  .  .  , 

and  the  law  as  finally  passed  into  a  law,  except  m  these  particulars  : — 

1st.  The  bill  as  passed  the  assembly,  proposed  that  the  loans 
should  be  made  on  the  credit  of  the  canal  fund,  that,  passed  into  a 
law,  declared,  they  should  be  made  on  the  credit  of  the  state. 

2d.  The  bill  passed  by  the  assembly,  limited  the  loan,  &c.  an- 
nually at  $584,000  ;  the  law  as  passed,  to  $400,000. 

3d.  There  was  also  an  appropriation  in  the  bill  as  passed  in 
the  assembly,  "  of  so  much  and  such  parcels  of  the  unappropria- 


Canal  laws, 

¥  ted  lands  belonging  to  this  state,  as  should  in  the  opinion  oi' 
f  the  Surveyor  General,  be  worth  600,000  dollars,  or  such  as 
"  would  sell  so  as  to  produce  50,000  dollars  yearly,  for  the  term 
P  of  12  years."  This  appropriation  was  omitted  in  the  law  as 
passed. 

4th.  The  first  proviso  in  the  7th  section  of  the  bill  as  passed 
into  a  law,  was  omitted  in  the  bill  as  passed  by  the  assembly. 

5th.  There  were  also  other  amendments  made,  as  will  appear 
from  the  proceedings  of  the  Senate  which  follow. 

On  the  11th  of  April,  the  bill  was  sent  to  the  Senate,  and  on  Mr-  Tibhhy 

1  motion. 

motion  of  Mr.  Tibbits,  it  was  made  the  order  of  the  day  for 
the  next  day. 

On  the  12th,  the  Senate  went  into  committee  of  the  whole  up-1>rocccdinSs  h 

1  committee. 

on  it,  and  reported  progress. 

On  the  14th,  the  Senate  resolved  itself  again  into  a  committee  Question  on  Oft 
of  the  whole  on  the  bill,  and  on  the  passing  of  the  first  section  of  division, 
the  bill,  the  Senate  divided  as  follows  : 

In  the  Affirmative  were — 


Mr.  Allen, 

Mr.  Prenderga>L 

Mr.  Bates, 

Mr.  Ross, 

Mr.  Bicknell, 

'Mr.  Seymour, 

.Mr.  Bloom. 

Mr.  Stranahan. 

Mr.  Cantine. 

Mr.  Stewart, 

.Mr.  Hascall, 

Mr.  Swift, 

Mr.  Hart, 

Mr.  Swart, 

Mr.  Keyes, 

Mr.  Tibbits, 

Mr.  Knox, 

Mr.  Van  Burc-n. 

Mr.  Mallery. 

Mr.  Van  Vechten. 

Mr.  Xoyes. 

,'hid  in  the  Negative  were — 


Mr.  Bowne, 
Mr.  Crosby. 
Mr.  Dayton. 
Mr.  Ditmis, 


Mr.  Elmendorl", 
Mr.  Livingston. 
Mr.  Ogden, 
.Mr.  Vcrbryck. 


The  first  section  was  accordingly  adopted  by  2\  nvr^  to  - 
noes. 


od2 


CANAL  LAWS,  he. 


1817.  On  the  2d  section  of  the  bill,  Mr.  Keyes  moved  an  amendment 
— ^— - '  after  the  word  "  rivers,"  to  add,  "  and  for  opening  a  canal  and 


^secS011  "  constructmS  ^ocks  round  the  Oswego  falls,"    On  this  motion 
the  Senate  divided  as  follows  : 

In  the  Negative  were — 

5>i vision.  Mr.  Allen,  Mr.  Ross, 

Mr.  Bates,  Mr.  Seymour, 

Mr.  Cantinr.  Mr.  Stewart, 

Mr.  Hascall,  Mr.  Swift, 

Mr.  Hart,  Mr.  Tibbits, 

Mr.  Mallery,  Mr.  Van  Buren, 

Mr.  Prendergast,  Mr.  Van  Vechten,  14, 

And  in  the  Affirmative  were — 

Mr.  Bickneli,  Mr.  Knox, 

Mr.  Bloom,  Mr.  Livingston, 

Mr.  Crosby,  Mr.  Noyes, 

Mr.  Dayton,  Mr.  Ogden, 

Mr.  Ditmis,  Mr.  Stranahan, 

Mr.  Elmendorf.  Mr.  Verbryck, 

Mr.  Keyes,  13. 

Mr.  trosb/s  Crosby  then  moved  to  add,  "  and  between  Lake  Cham- 

motion.        plain  and  the  Hudson  river."    This  was  negatived  as  follows  : 

In  the  Negative  were — 


Division. 


Mr.  Allen,  ,             Mr.  Prendergast. 

Mr.  Bates,  Mr.  Ross, 

Mr.  Bickneli,  Mr.  Stranahan, 

Mr.  Cantine.  Mr.  Stewart, 

Mr.  Hascall,  Mr.  Swift, 

Mr.  Hart,  ,     Mr.  Tibbits, 

Mr.  Keyes,  Mr.  Van  Buren, 

Mr.  Knox,  Mr.  Van  Vechten, 
Mr.  Mallery, 

And  in  the  Affirmative  were — 

Mr.  Bloom.  Mr.  Livingston, 

Mr.  Crosby,  Mr.  Noyes, 


CANAL  LAWS,  &c. 


Mr.  Dayton, 
Mr.  Ditmis, 
Mr.  Elmendorf, 


Mr.  Seymour, 
Mr.  Verbryck 


1817. 


On  passing  the  3d  section  of  the  bill,  the  Senate  also  divided.  Question  on  Sd 

•    »  •      i       m         •  r  section,  and  ci i - 

It  was  carried  in  the  affirmative  as  follows  :  vision. 


in  the  Affirmative  were — 


Allen, 

Mr.  Prendergast, 

Bates, 

"  Ross, 

Bicknell, 

r'  Seymourj 

Bloom, 

Stranahan, 

Cantine, 

"  Stewart, 

Hascall, 

"  Swift, 

Hart, 

"  Tibbits, 

Keyes, 

"    Van  Buren, 

Mallery, 

Van  Vechten 

Noyes, 

And  in 

the  Negative  ivere — 

Brown, 

Mr.  Elmendorf', 

Crosby, 

"  Livingston, 

Dayton, 

"  Ogden, 

Ditmis, 

"  Verbryck, 

19. 


The  committee  rose  and  reported  progress,  &,c.    Afterwards  Question  on 
in  the  afternoon,  the  discussion  of  the  bill  was  resumed  in  com-  and  division.  y 
mittee  of  the  whole.    On  the  4th  section  of  the  bill,  the  Senate 
divided,  and  the  section  was  negatived  as  follows  : 


In  the  Negative  were- 


Mr.  Bloom, 

"  Bownc, 
Cantine, 
Crosby, 

"  Dayton, 

"  Ditmis, 
Elmendorf. 

"  Keves, 


Mr.  Livingston. 
99  Noyes, 
"  Ross, 
n  Seymour, 

Stranahan. 

Swart, 
"  VerbrvcU. 


45 


354 


CANAL  LAWS,  fcc. 


181 


And  in  the  Affirmative  were- 


Mr.  Allen, 

"  Bates, 

"  Bicknell, 

"  Hascall, 

n  Hart, 

"  Knox, 

"  Mallery, 


Mr.  Prendergast7 
"  Stewart, 
"  Swift, 
"  Tibbits, 
99    Van  Buren, 
"    Van  Vechten, 


13. 


theQ5Ut€b9ti0ectioS  0n  the  5th  section  of  the  bill,  Mr.  Stranahan  moved  an 
ancL  aZlsion>  amendment  after  the  word  miles,  to  insert  "  a  tax  of  one  dollar 

<on  Mr.  Mrana- 

Kan's  motion.  "  upon  each  steam  boat  passenger  for  each  and  every  trip  or 
M  voyage  such  passenger  may  be  conveyed  upon  the  Hudson 
44  river  on  board  of  any  steam  boat,  over  100  miles,  and  half  that 
44  sum  for  any  distance  less  than  100  miles  and  over  30  miles." 
The  amendment  was  negatived,  as  follows  : 

For  the  Negative. 


Mr. 

Allen, 

Mr.  Mallery, 

Mr. 

Bates, 

Mr.  Prendergast, 

Mr. 

Bicknell, 

Mr.  Seymour, 

Mr. 

Crosby, 

Mr.  Stewart, 

Mr. 

Elmendorff, 

Mr.  Swift, 

Mr. 

Hascall, 

Mr.  Tibbitts, 

Mr. 

Hart, 

Mr.  Van  Buren, 

Mr. 

Keyes, 

Mr.  Van  Vechten. 

Mr. 

Knox, 

For  the  Affirmative. 

Mr. 

Bloom, 

Mr.  Livingston, 

Mr. 

Bowne, 

Mr.  Noyes, 

Mr. 

Cantine, 

Mr.  Ross, 

Mr. 

Dayton, 

Mr.  Stranahan, 

Mr. 

Ditmis, 

Mr.  Verbryck. 

17 


10. 


Mr.  Elmendorff  then  moved  an  amendment  viz.  to  insert 
dorft's  mo1io£"  and  the  like  tax  on  alL  passengers  travelling  in  stages."  It 
ua  division.   was  negatived  as  f0Hows  . 


CANAL  LAWS,  he 


For  the  Negative. 


Mr  Allen 

Mr.  Noyes, 

Mr.  Bates, 

Mr.  Prendergast, 

Mr.  Bicknell, 

Mr.  Seymour, 

Mr  C!antinp 

Mr.  Stewart, 

Mr.  Ditmis, 

Mr.  Swift, 

Mr.  Hascall, 

Mr.  Swart, 

Mr.  Hart. 

Mr.  Tibbits, 

Mr.  Keyes, 

Mr.  Van  Bureii, 

INIr.  Knox, 

Mr.  Van  Vechten. 

Mr.  Mallery, 

J 

For  the  Affirmative. 

Mr.  Bloom, 

Mr.  Livingston, 

Mr.  Bowne, 

Mr.  Ross, 

Mr.  Crosby, 

Mr.  Stranahan, 

Mr.  Dayton, 

Mr.  Verbryck, 

Mr.  Elmendorfi*, 

Division. 


JO. 


9. 

On  Mr.  Van  Buren's  motion  the  first  section  of  the  bill  was  re^mot\!>n  & 
so  modified  as  to  make  the  loans,  "  on  the  credit  of  the  state,"  divi9ion* 
instead  of  "  on  the  credit  of  the  canal  funds."    The  senate  on 
that  modification  stood  as  follows  : 


For  the  Affirmative. 


Division. 


Mr.  Allen, 
Mr.  Bates, 
Mr.  Bicknell, 
Mr.  Cantine, 
Mr.  Hascall, 
Mr.  Hart, 
Mr.  Knox, 
Mr.  Mallery, 


Mr.  Bowne, 
Mr.  Crosby, 
Mr.  Dayton, 


Mr.  Prendergast, 
Mr.  Ross, 
Mr.  Seymour, 
Mr.  Stewart, 
Mr.  Swift, 
Mr.  Tibbitts, 
Mr.  Van  Buren, 
Mr.  Van  Vechten. 


1G. 


1  or  the  Negative. 


Mr.  Livingston, 
Mr.  Noyes, 
Mr.  Stranahan, 


CANAL  LAWS,  &c. 


1817.  Mr.  Ditmis,  Mr.  Swart. 

*  sr—*  Mr.  ElmendorfT,  Mr.  Verbryck, 

Mr.  Keyes,  11. 
wJwL  N0J6S'    °P  the  5th  section  of  the  bill  Mr.  Noyes  moved  to  strike  out 
"  a  duty  or  tax  of  twelve  and  an  half  cents  per  bushel  on  all 
"  salt  manufactured  in  the  Western  District  of  this  state."  Mo- 
tion negatived  by  all  the  votes  except  four,  viz. 


Mr.  Bowne,  Mr.  Livingston 

Mr.  Keyes,  Mr.  Noyes. 


Mr.  Seymours  On  the  7th  section  of  the  bill  Mr.  Seymour  moved  the  follow- 
Sctf'on.  °n  ing  proviso,  "  and  provided  further,  that  no  part  of  the  said 
"  sum  of  $250,000,  shall  be  levied  or  assessed  on  the  lands  and 
"  real  estate  lying  along  the  canal  from  Seneca  river  eastward, 
"  until  the  same  shall  be  completed  from  said  river  to  Hudson 
*e  river."    Negatived  by  all  the  votes  except  four,  viz. 

Mr,  Bicknell,  Mr.  Livingston, 

Mr.  Hart,  Mr.  Seymour. 

The  senate  went  through  the  rest  of  the  bill,  and  ordered  the 
amendments  to  be  engrossed. 

On  the  15th  of  April,  Mr.  Ogden  moved  to  recommit  the  bill— 
Mr.  Ogden's  lost— -only  seven  members  voting  for  it,  viz  :  Messrs,  Bloom, 

motion  and  di-  _  r,  -r>  .     1VT  1    _     1  ^  , 

visi0ii.  Bowne,  Crosby,  Dayton,  Ditmis,  Noyes  and  Ogden.  On  the 
final  passage  of  the  bill  and  amendments,  it  was  carried  in  the 
affirmative,  as  follows  : 

In  the  Affirmative  were — - 

Mr.  Allen,  Mr.  Mallory, 

Mr.  Bates,  Mr.  Prendergast, 

Mr.  Bicknell,  Mr.  Ross, 

Mr.  Cantine,  Mr.  Stranahan, 

Mr.  Cochran,  Mr.  Stewart, 

Mr.  Hascall,  Mr.  Swart, 

Mr.  Hart,  Mr.  Tibbitts, 

Mr.  Keyes,  Mr.  Van  Buren3 

Mr.  Knox,  Mr.  Van  Vechten,  18 

And  in  the  Negative  were — 

Mr.  Bloom,  Mr.  ElmendorfT, 

Mr,  Bowne,  Mr-  Livingston. 


CANAL  LAWS,  fcc.  351 

Mr.  Crosby,  Mr.  Noyes,  1817. 

Mr.  Dayton.  Mr.  Ogden.  1  v  1 

Mr.  Ditmis,  9 

The  usual  order  was  then  made,  to  transmit  the  bill  with  the 
amendments  adopted  to  the  Assembly.  On  the  same  day,  the  A«embl yF 
Assembly  concurred  in  some  and  rejected  others  of  the  amend- 
ments of  the  Senate.  The  Assembly  would  not  consent  to  reject 
the  4th  section  of  the  bill,  and  on  Mr.  Cochran's  motion  the  Sen- 
ate receded  by  13  votes  to  12. 

Those  who  were  in  the  Affirmative  were — 

Mr.  Allen,  Mr.  Prendergast, 

Mr.  Bates,  Mr.  Stewart, 

Mr.  Bicknell,  Mr.  Swart, 

Mr.  Cochran,  Mr.  Tibbitts, 

Mr.  Hart,  Mr.  Van  Buren, 

Mr.  Knox,  Mr.  Van  Vechten. 

Mr.  Mailer  v5  13 

And  those  who  were  in  the  Negative  were — 

Mr.  Can  tine,  Mr.  Livingston, 

Mr.  Crosby,  Mr.  Ogden, 

Mr.  Dayton,  Mr.  Ross, 

Mr.  Ditmis,  Mr.  Seymour, 

Mr.  ElmendorfT,  Mr.  Stranahan. 

Mr.  Keves,  Mr.  Verbryck.  12 

C  i  ,  t     i        i      r>  •  T''e  Senate  rf' 

borne  other  amendments  made  by  the  Senate,  not  particulari-  cede  from  their 
ted  in  their  journal,  were  receded  from,  by  the  Senate.  On  the  rejecting  4dT 
same  day  it  was  ordered  to  be  sent  to  the  Council,  and  it  be- *.j^n'anddl" 
came  a  law  on  the  15th  of  April,  1817.    [See  the  law  page  358.]  £UiSgf5lJ 

1017. 


358 


(  ANAL  LAWS,  Sic. 


1817. 

-v  '  XX. 

Extract  from  the  "  act  for  the  payment  of  certain  officers  of  go- 
vernment." 

Passed  April  15,  181.7. 
IX.  And  be  it  further  enacted,  That  the  treasurer  shall  pay, 
on  the  warrant  of  the  comptroller,  to  the  canal  commissioners, 
such  balance  as  may  be  due  them  for  expenditures  incurred  un- 
der the  act,  entitled  "An  act  to  provide  for  the  improvement  of 
the  internal  navigation  of  this  state  :"  Provided,  the  same  shall 
not  exceed  the  sum  of  four  thousand  dollars. 


Preamble. 


"An  act  respecting  Navigable  Communications,  between  the  great 
western  and  northern  lakes,  and  the  Atlantic  ocean." 

Passed  April  15,  1817. 
Whereas,  navigable  communications  between  Lakes  Erie  and 
Champlain,  and  the  Atlantic  ocean,  by  means  of  canals  con- 
nected with  the  Hudson  river,  will  promote  agriculture,  manu- 
factures and  commerce,  mitigate  the  calamities  of  war,  and  en- 
hance the  blessings  of  peace,  consolidate  the  union,  and  advance 
the  prosperity  and  elevate  the  character  of  the  Uuited  States: 
And  whereas,  it  is  the  incumbent  duty  of  the  people  of  this  state, 
to  avail  themselves  of  the  means  which  the  Almighty  has  placed 
in  their  hands  for  the  production  of  such  signal,  extensive  and 
lasting  benefits  to  the  human  race  :  Now,  therefore,  in  full  confi- 
dence that  the  congress  of  the  United  States,  and  the  states  equal- 
ly interested  with  this  state  in  the  commencement,  prosecution 
and  completion  of  those  important  works,  will  contribute  their 
full  proportion  of  the  expense  ;  and  in  order  that  adequate  funds 
may  be  provided,  and  properly  arranged  and  managed,  for  the 
prosecution  and  completion  of  all  the  navigable  communications 
contemplated  by  this  act : 

I.  Be  it  enacted  by  the  people  of  the  state  of  New-York,  repre- 
sented in  Senate  and  Assembly,  That  there  shall  be  constituted  a 
fund  to  be  denominated  the  canal  fund,  which  shall  consist  of  all 
i  anal  fund,  such  appropriations,  grants  and  donations,  as  may  be  made  for 
that  purpose  by  the  legislature  of  this  state,  by  the  congress  of 
the  United  States,  by  individual  states,  and  by  corporations. 


CANAL  LAWS,  kc 


350 


companies  and  individuals;  which  fund  shall  be  superintended  1817 
and  managed  by  a  board  of  commissioners,  to  be  denominated 
"  the  commissioners  of  the  canal  fund,"  consisting  of  the  lieu-er£0,n,","5,0M" 
tenant  governor,  the  comptroller,  the  attorney  general,  the  sur- 
veyor general,  secretary  and  treasurer,  a  majority  of  whom 
with  the  comptroller  shall  be  a  quorum  for  the  transaction  of  bu- 
siness ;  and  that  it  shall  be  the  duty  of  the  said  board  to  receive,    Their  dmu  >t 
arrange  and  manage  to  the  best  advantage  all  things  belonging  aIld  P°wer3, 
to  the  said  fund;  to  borrow,  from  time  to  time,  monies  on  the 
credit  of  the  people  of  this  state,  at  a  rate  of  interest  not  ex- 
ceeding six  per  centum  per  annum,  and  not  exceeding  in  any 
one  year  a  sum  which,  together  with  the  net  income  of  the  said 
fund,  shall  amount  to  four  hundred  thousand  dollars ;  for  which 
monies,  so  to  be  borrowed,  the  comptroller  shall  issue  transfera- 
ble certificates  of  stock,  payable  at  such  time  or  times  as  may 
be  determined  by  said  board  ;  out  of  the  said  fund  to  pay  to  the 
canal  commissioners  hereafter  mentioned,  the  monies  so  to  be 
borrowed  and  the  income  of  the  said  fund,  reserving  at  all  times 
sufficient  to  pay  the  interest  of  all  monies  that  shall  have  been 
borrowed  by  the  said  board  ;  to  recommend  from  time  to  time  to 
the  legislature,  the  adoption  of  such  measures  as  may  be  thought 
proper  by  the  said  board  for  the  improvement  of  the  said  fund, 
and  to  report  to  the  legislature,  at  the  opening  of  every  session 
thereof,  the  state  of  said  fund  ;  and  that  the  comptroller  and 
ireasurer  shall  open  separate  books,  and  keep  the  accounts  of 
he  said  fund  distinct  from  the  other  funds  of  the  state. 
'  II.  And  be  it  further  enacted,  That  the  commissioners  appoin- 
ed  by  the  act,  entitled  "  an  act  to  provide  for  the  improvement  Former  com- 
)f  the  internal  navigation  of  this  state,"  passed  April  17,  I816*gj*""*c,» 
hall  continue  to  possess  the  powers  thereby  conferred,  and  be 
lenominated  "  the  canal  commissioners;"  and  they  are  hereby 
Authorised  and  empowered,  in  behalf  of  this  state,  and  on  the 
redit  of  the  fund  herein  pledged,  to  commence  making  the  said 
anals,  by  opening  communications  by  canals  and  locks  between  commence  ca- 
ne Mohawk  and  Seneca  rivers,  and  between  Lake  Champlain 
nd  the  Hudson  river ;  to  receive  from  time  to  time  from  the 
ommissioners  of  the  canal  fund,  such  monies  as  may  be  neces- 
iry  for  and  applicable  to  the  objects  hereby  contemplated  ;  to 
ause  the  same  to  be  expended  in  the  mo^t  prudent  and  economi- 
d  manner,  in  all  such  works  as  maybe  proper  to  make  the  said 


360 


CANAL  LAWS,  &c. 


1817.     canals;  and  on  completing  any  part  or  parts  of  the  works  or  car* 

*  v — — ^  nals  contemplated  by  this  act,  to  establish  reasonable  tolls  and 

adopt  all  measures  necessary  for  the  collection  and  payment 
thereof  to  the  commissioners  of  the  canal  fund  ;  that  a  majority 
of  the  said  commissioners  shall  be  a  board  for  the  transaction  of 
business,  each  of  whom  shall  take  an  oath  well  and  faithfully  to 
execute  the  duties  of  his  office,  and  shall  report  to  the  legisla- 
ture at  each  session  thereof,  the  state  of  said  works  and  expen- 
ditures, and  recommend  such  measures  as  they  may  think  advis- 
able for  the  accomplishment  of  the  objects  intended  by  this  act; 

Vacancies  how  anc*  m  case  °^  any  vacancy  m  tne  office  of  commissioner,  during 
filled.  the  recess  of  the  legislature,  the  person  administering  the  go- 

vernment may  appoint  a  person  to  fill  such  vacancy  until  the  le- 
gislature shall  act  in  the  premises. 
May  take  HI.  And  be  it  further  enacted.  That  it  shall  and  may  be  lawful 
?a°ndT&°cn0f  f°r  tne  sa^  ca"al  commissioners,  and  each  of  them,  by  them- 
selves, and  by  any  and  every  superintendent,  agent,  and  engineer, 
employed  by  them,  to  enter  upon,  take  possession  of,  and  use 
all  and  singular  any  lands,  waters,  and  streams  necessary  for 
the  prosecution  of  the  improvements  intended  by  this  act,  and 
to  make  all  such  canals,  feeders,  dykes,  locks,  dams,  and  other 
works  and  devices  as  they  may  think  proper  for  making  said 
improvements,  doing  nevertheless  no  unnecessary  damage ;  and 
that  in  case  any  lands,  waters  or  streams  taken  and  appropriated 
for  any  of  the  purposes  aforesaid,  shall  not  be  given  or  granted 
to  the  people  of  this  state,  it  shall  be  the  duty  of  the  canal  com- 
missioners from  time  to  time,  and  as  often  as  they  think  reasona- 
Appraisers  to  hie  and  proper,  to  cause  application  to  be  made  to  the  justices 
be  appointed.  Qf  tne  supreme  court,  or  any  two  of  them,  for  the  appointment  of 
appraisers;  and  the  said  justices  shall  thereupon,  by  writing, 
appoint  not  less  than  three,  nor  more  than  five  discreet  disin- 
terested persons  as  appraisers,  who  shall,  before  they  enter  upon 
the  duties  of  their  appointment,  severally  take  and  subscribe  an 
oath  or  affirmation,  before  some  person  authorised  to  administer 
oaths,  faithfully  and  impartially  to  perform  the  trust  and  duties 
required  of  them  by  this  act,  which  oath  or  affirmation  shall  be 
filed  with  the  secretary  of  the  canal  commissioners ;  and  it  shall 
be  the  duty  of  the  said  appraisers,  or  a  majority  of  them,  to 
make  a  just  and  equitable  estimate  and  appraisal  of  the  loss  and 
damage,  if  any,  over  and  above  the  benefit  and  advantage  to 
the  respective  owners  and  proprietors  or  parties  interested  in  the 


CANAL  LAWS,  kc. 


premises  so  required  for  the  purposes  aforesaid,  by  and  in  conse-  1817. 

quence  of  making  and  constructing  any  of  the  works  aforesaid  ;  *  v  ' 

and  the  said  appraisers,  or  a  majority  of  them,  shall  make  regu- 
lar entries  of  their  determination  and  appraisal,  with  an  apt  and  Tc ^  make  en- 
sufficient  description  of  the  several  premises  appropriated  for 
the  purposes  aforesaid,  in  a  book  or  books  to  be  provided  and 
kept  by  the  canal  commissioners,  and  certify  and  sign  their  names 
to  such  entries  and  appraisal,  and  in  like  manner  certify  their  de- 
termination as  to  those  several  premises  which  will  suffer  no 
damages,  or  will  be  benefited  more  than  injured  by  or  in  conse- 
quence of  the  works  aforesaid;  and  the  canal  commissioners  shall 
pay  the  damages  so  to  be  assessed  and  appraised,  and  the  fee 
sinple  of  the  premises  so  appropriated  shall  be  vested  in  the  peoplo 
of  this  state. 

VI.  And  he  it  further  enacted,  That  whenever,  in  the  opinion  T,t)e  ofthrW. 
of  the  canal  commissioners,  it  shall  be  for  the  interest  of  this  vested  S** 
state,  for  the  prosecution  of  the  works  contemplated  by  this  act,  state- 
that  all  the  interest  and  title  (if  any)  in  law  and  equity  of  the 
western  inland  lock  navigation  company  should  be  vested  in  the 
people  of  this  state,  it  shall  be  lawful  for  the  said  canal  commis- 
sioners to  pa^s  a  resolution  to  that  effect  ;  and  that  it  shall  then  be 
lawful  for  the  president  of  the  canal  commissioncrsto  cause  acopy 
of  such  resolution,  with  a  notice  signed  by  himself  and  the  secre- 
tary of  the  said  commissioners,  to  be  delivered  to  the  president 
'or  other  known  ollicer  of  the  said  company,  notifying  the  presi- 
dent and  directors  of  the  said  company  that  an  application  will 
be  made  to  the  justices  of  the  supreme  court,  at  a  term  thereof 
to  be  held  not  less  than  thirty  days  from  the  time  of  giving  such 
notice,  for  the  appointment  of  appraisers  to  estimate  the  damages 
to  be  sustained  by  the  said  company,  by  investing  in  the  people 
of  this  state  all  the  lands,  waters,  canals,  locks,  feeders,  and  ap- 
purtenances thereto  acquired,  used  and  claimed  by  the  said 
company,  under  its  act  of  incorporation,  and  the  several  acts 
amending  the  same  ;  and  it  shall  be  the  duty  of  the  justices  afore- 

i     •  i  i  •          i  •       i  •  j  i  r     s    i      S-  courl  To  aP' 

said,  at  the  term  mentioned  in  the  said  notice,  and  on  prooi  oi  the  point  apprais- 
'scrvice  thereof,  to  appoint,  by  writing  under  the  seal  of  the  saiders* 
court,  and  the  hands  of  at  least  three  of  the  said  justices,  not  lets 
than  three,  nor  more  than  five  disinterested  persons,  being  citi- 
zens of  the  United  States,  to  estimate  and  appraise  the  damages 
aforesaid ;  and  it  shall  be  the  duty  of  the  said  appraisers,  or  a 
majority  of  them,  to  estimate  and  appraise  the  damages  afore- 

46 


3G2 


CANAL  LAWS,  fce. 


1817.    said,  and  severally  to  certify  the  same  under  oath,  before  an  onV 

V  v  '  cer  authorised  to  take  the  acknowledgement  of  deeds,  to  be  a 
just,  equitable,  and  impartial  appraisal  to  the  best  of  their  judg- 
ment and  belief,  and  shall  thereupon  deliver  the  same  to  one  of 
the  canal  commissioners,  who  shall  report  the  same  to  the  said 
court;  and  if  the  said  court  shall  be  of  opinion  that  the  said 
damages  have  been  fairly  and  equitably  assessed,  the  said  jus- 
tices, or  any  three  of  them,  may  certify  the  same  on  the  said  re- 
port, and  the  amount  of  the  said  damages  and  the  expenses  of  the 
said  appraisal  shall  be  audited  by  the  comptroller,  and  paid  on 
his  warrant  by  the  treasurer  out  of  the  canal  fund  ;  and  the 
people  of  this  state  shall  thereupon  be  invested  with,  and  the  said 
canal  commissioners  may  cause  to  be  used,  all  the  lands,  waters, 
streams,  canals,  locks,  feeders,  and  appurtenances  aforesaid,  for 
the  purposes  intended  by  this  act. 

Tax  on  salt.  ^'  *^n^  ^e  'lt  further  enacted.  That  for  the  purposes  contem- 
plated by  this  act,  and  for  the  payment  of  the  interest  and  final 
redemption  of  the  principal  of  the  sums  to  be  borrowed  by  virtue 
hereof,  there  shall  be,  and  hereby  are  appropriated  and  pledged, 
a  duty  or  tax  of  twelve  and  a  half  cents  per  bushel  upon  all  salt 
to  be  manufactured  in  the  western  district  of  this  state  ;  a  tax  of 
one  dollar  upon  each  steam-boat  passenger,  for  each  and  every 

pans9engersb°at  tr^P  or  voyage  such  passenger  may  be  conveyed  upon  the  Hud- 
son river  on  board  of  any  steam-boat  over  one  hundred  miles, 
and  half  that  sum  for  any  distance  less  than  one  hundred  miles 
and  over  thirty  miles;  the  proceeds  of  all  lotteries  which  shall 

lotteries,S&c.  oe  drawn  in  this  state,  after  the  sums  now  granted  upon  them 
shall  be  paid ;  all  the  net  proceeds  of  this  state  from  the  western 
inland  lock  navigation  company;  all  the  net  proceeds  of  the 
said  canals  and  each  part  thereof  when  made  ;  all  grants  and  do- 
nations made  or  to  be  made  for  the  purpose  of  making  the  said 
canals ;  all  the  duties  upon  sales  at  auction,  after  deducting 
thereout  twenty-three  thousand  five  hundred  dollars,  annually 
appropriated  to  the  hospital,  the  economical  school,  and  the  or- 
phan asylum  society,  and  ten  thousand  dollars  hereby  appro- 
priated annually  for  the  support  of  foreign  poor  in  the  city  of 
New-York. 

VI.  And  be  it  further  enacted,  That  from  and  after  the  first 
Duty  on  Onon- Tuesday  of  August  next,  there  shall  be  paid  and  collected  in  the 
manner  now  directed  by  law,  upon  all  salt  to  be  manufactured 
in  the  county  of  Onondaga,  a  duty  of  twelve  and  a  half  cents  per 


CANAL  LAWS,  &« 


bushel,  instead  of  the  present  duties,  and  the  like  tax  or  duty  of  1^17. 
twelve  and  a  half  cents  per  bushel  upon  all  other  salt  to  be  man-  v  v 
Hfactured  in  the  western  district  of  this  state,  w  hich  shall  be  col- 
lected by  the  superintendent  of  the  salt  springs,  until  otherwise 
directed  by  the  legislature;  and  for  that  purpose,  he  shall  have  How  collected, 
a  responsible  deputy  residing  at  each  place  where  salt  is  or  may 
he  manufactured,  with  the  like  powers  and  subject  to  the  like 
duties  as  his  present  deputies  ;  and  that  nil  the  provisions,  for- 
feitures, penalties,  and  restrictions  contained  in  the  laws  relative 
to  the  duties  upon  Onondaga  salt,  so  far  as  the  same  may  be  ap- 
plicable, shall  be  in  force  for  the  purposes  of  enforcing  the  pay- 
ment and  collection  of  the  tax  or  duties  upon  salt  hereby  levied 
and  imposed.  And  further,  that  the  said  superintendent,  instead 
of  a  yearly  report  to  the  legislature,  shall  make  a  quarter  yearly 
report  to  the  commissioners  of  the  canal  fund,  and  pay  into  the 
treasury  of  this  state,  on  the  first  Tuesday  of  February,  May, 
August  and  November,  in  each  year,  all  the  monies  collected  by 
him  during  the  quarter  preceding  each  of  those  days,  deducting 
in  addition  to  w  hat  bv  law  is  now  allowed  to  be  deducted,  five  p"ce"ta°e  ,or 
per  cent,  of  the  duties  collected  at  all  other  salt  w  orks,  not  situa- 
ted in  the  county  of  Onondaga,  and  two  per  cent,  of  the  duties 
upon  Onondaga  salt,  as  a  compensation  for  collecting  and  pay- 
ing over  the  same. 

VTI.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Commissioner* 
said  canal  commissioners,  to  raise  the  sum  of  two  hundred  and  ^[i^200'000 
fifty  thousand  dollars,  i  j  be  appropriated  towards  the  making  and 
completing  of  the  said  canals,  from  the  Mohawk  river  to  the  Sen- 
eca river,  and  from  Lake  Champlain  to  Hudson's  river,  by  caus- 
ing to  be  assessed  and  levied  in  such  manner  as  the  said  commis- 
sioners may  determine  and  direct,  the  said  sum  of  two  hundred 
and  fifty  thousand  dollars,  upon  the  lands  and  real  estate,  lying 

1  r  •  i  «      *  •  •  <•  To  be  levied  oo 

along  the  route  of  the  said  canals,  and  within  twenty-five  miles landa  lying 

of  the  same,  on  each  side  thereof:  which  sum  so  to  be  assessed  and  Jd? 

levied,  shall  be  assessed  on  the  said  lands  and  real  estate  adjacent 

to  the  said  several  canals,  in  such  proportion  for  each  as  the  said 

commissioners  shall  determine.     And  the  said  commissioners 

shall  have  power  to  make  such  rules  and  regulations,  and  adopt 

>uch  measures  for  the  assessing,  levying,  and  collecting  the  sum 

or  sums  of  monev,  either  by  sale  of  the  said  lands  or  otherwise'., 

■  •  *        .  Laodi  niaj  be 

as  they  shall  deem  meet,  and  the  said  assessment  shall  be  made  *old. 

on  said  lands,  according  to  the  benefit  which  they  shall  be  con- 


304 


CANAL  LAWS.  fee. 


1817.     sidered  by  the  said  commissioner?,  as  deriving  from  the  making 

*  v  '  of  the  said  canals  respectively  :  Provided.  That  such  rules,  reo> 

illations  and  measures,  shall  before  they  are  earned  into  effect, 
be  sanctioned  and  approved  by  the  chancellor  and  judges  of  the 
supreme  court,  or  a  majority  of  them  :  And  provided  further, 
That  if  any  company  or  individual  subject  to  such  tax,  shall  sub- 
scribe any  money  or  other  property  towards  the  completion  of 
the  said  canals,  the  amount  of  such  donation  or  voluntary  sub- 
scription, shall,  if  the  same  is  less  than  the  amount  of  the  tax, 
be  deducted  therefrom,  and  if  more,  he  or  they  shall  be  entirely 
discharged  from  the  said  tax. 
Tax  on  steam    VIII.  And  be  it  further  enacted,  That  from  and  after  the  first  day 
gerstoTepaid  of  May  next,  the  aforesaid  tax  upon  steam  boat  passengers,  shall 
alter  1st  May.  ke  dernancjed,  taken  and  received,  by  each  captain  or  master  of 
see  act*  March  every  steam  Doat  navigating  the  Hudson  river  ;*  and  that  du- 
so,  1820.       ring  eacn  month  thereafter,  in  which  such  boat  shall  be  employed 
Captains  to  ac- for  the  conveyance  of  passertgers,  it  shall  be  the  duty  of  such 
troXrtunCderP"  captain  or  master,  to  cause  to  be  delivered  to  the  comptroller  of 
oath>  this  state,  a  return  or  account,  sworn  to,  before  some  officer  au- 

thorised to  administer  oaths,  stating  the  name  of  the  boat,  the 
number  of  trips  made  by  such  boat  during  such  month,  and  the 
whole  number  of  passengers  conveyed  on  board  such  boat,  at 
each  of  the  said  trips,  over  one  hundred  miles,  and  the  number 
conveyed  less  than  one  hundred  miles,  and  over  thirty  miles,  and 
pay  into  the  treasury  of  this  state  the  amount  of  such  tax  col- 
lected during  the  time  mentioned  in  the  said  return,  deducting 
Three  per  cent  three  per  cent,  thereof,  as  a  compensation  for  making  such  return, 
'  and  collecting  and  paying  over  the  said  tax  :  And  further,  That 
in  case  of  any  neglect  or  refusal  in  making  such  return,  or  col- 
lecting and  paying  over  the  tax  as  directed  in  and  by  this  section, 
the  captain  or  master  so  neglecting,  shall  forfeit  and  pay  the  sum 

Pcnsiltv  for 

neglect.  of  five  hundred  dollars,  besides  the  amount  of  the  tax  so  directed 
to  be  collected  and  paid  over,  to  be  recovered  in  an  action  of  debt 
in  the  name  of  the  people  of  this  state,  and  for  the  use  of  the  afore- 
said fund, 


CANAL  LAWS,  &c.  365 

Extract  from  the  "Act  to  amend  an  act,  entitled  "An  art  eon-  1317. 

cerning  the  State  Prison."  v 

Passed  April  15,  1817. 
XTI.  «/M      it  further  enacted,  That  the  canal  commissioners 

t  Canal  com* 

shall  be  and  they  are  hereby  authorised  and  empowered  to  con- miwionersmay 

.  .  •     i-   •  i      i  i-   •  -i      i  •       contract  for  la- 

tract  with  any  individual  or  individuals,  company  or  companies,  bor  of  convicts. 

for  the  labor  of  any  number  of  convicts  in  the  state  prison  to  be 
employed  upon  the  canal  contemplated  by  the  act,  entitled  "  an 
act  respecting  navigable  communications  between  the  great  west- 
ern and  northern  lakes  and  the  Atlantic  ocean,  and  that  the  said 
individual  or  individuals,  company  or  companies,  shall,  before 
receiving  the  said  convicts  into  their  care  and  custody,  give  good 
and  sufficient  bonds,  in  such  sum  or  sums  of  money,  to  be  ap- 
proved of  by  the  said  commissioners,  and  conditioned  that  the 
said  convicts  shall  be  kept,  supported  and  maintained,  free  of 
any  expense  to  the  people  of  this  state,  and  that  none  of  the 
said  convicts  shall  be  taken  out  ol  the  said  prison  to  labor  on 
said  canals  for  any  shorter  period  of  time  than  six  months  ;  and  ConvlCt3  es. 
that  in  case  any  of  the  said  convicts  shall  escape  while  so  em-  caping. 
ployed,  as  aforesaid,  and  shall  be  apprehended  and  convicted 
thereof,  it  shall  and  may  be  lawful  for  the  court  where  such  con- 
viction shall  be  had,  to  banish  such  convict  or  convicts  from 
the  state,  on  pain  of  death,  if  such  convict  or  convicts  shall  re- 
turn to  this  state,  or  continue  therein,  after  such  sentence  as 
.aforesaid. 


Extract  from  the  "  Aci  to  incorporate  the  Baptist  Theological 
Seminary,  and  for  other  purposes." 

Passed  April  15,  1817. 

IV.  And  be  it  further  enacted,  That  it  shall  and  may  be  lawful 
for  the  comptroller  to  draw  his  warrant  on  the  treasurer,  in  favor  caod  comma 
of  the  canal  commissioners  for  the  whole  or  such  part  as  thev  "ooer?»  4,00 

i  .T  may    ho  pan 

may  require  of  the  sum  of  four  thousand-  dollars,  appropriated  thini 
by  the  ninth  section  of  the  act,  entitled  "  an  act  for  the  payment 
of  certain  officers  of  government,"  passed  the  present  session, 
prior  to  their  accounting  for  the  expenditure  of  said  mone\ , 
<nv  thing  in  said  ninth  section  to  the  contrary  notwithstanding, 


366  (ANAL  LAWS.  &rc. 

talis:  XXI. 

^^^^^  Extract  from  the  Governors  speech  to  the  legislature,  January 

27,  1818. 

Gov.  D.  \V. 

Clinton's  I  congratulate  you  upon  the  auspicious  commencement  and 

spewch.  '  1 

successful  progress  of  the  contemplated  water  communications 
between  the  great  western  and  northern  lakes  and  the  Atlantic 
Ocean.  Near  sixty  miles  of  the  western  canal  have  been  con- 
tracted for  to  be  finished  within  the  present  year,  and  it  is  probable 
that  the  whole  of  the  northern  canal  will  be  disposed  of  in  the 
same  manner  before  the  ensuing  spring.  Notwithstanding  the 
unfavorable  season,  the  inexperience  of  the  contractors,  and  the 
late  commencement  of  operations,  it  is  understood  that  work,  to 
the  extent  of  15  miles,  has  already  been  done  on  the  western 
canal.  And  it  is  confidently  believed  that  the  aggregate  expense 
will  be  within  the  estimates  of  the  commissioners.  The  enhance- 
ment of  the  profits  of  agriculture ;  the  excitement  of  manufac- 
turing industry ;  the  activity  of  internal  trade  ;  the  benefits  of 
lucrative  traffic  ;  the  interchange  of  valuable  commodities  ;  the 
commerce  of  fertile,  remote  and  wide-spread  regions  ;  and  the 
approximation  of  the  most  distant  parts  of  the  union,  by  the 
facility  and  rapidity  of  communication  that  will  result  from  the 
completion  of  these  stupendous  works,  will  spread  the  blessings 
of  plenty  and  opulence  to  an  immeasurable  extent.  The  re- 
sources of  the  state  are  fully  adequate  without  extraneous  aid  : 
and  when  we  consider  that  every  portion  of  the  nation  will  feel  the 
animating  spirit  and  vivifying  influence  of  these  great  works; 
that  they  will  receive  the  benedictions  of  posterity  and  command 
the  approbation  of  the  civilized  world,  we  are  required  to  per- 
severe, by  every  dictate  of  interest,  by  every  sentiment  of  honor, 
by  even7  injunction  of  patriotism,  and  by  every  consideration 
which  ought  to  influence  the  councils  and  govern  the  conduct  of 
a  free,  high-minded,  enlightened  and  magnanimous  people. 


In  Assembly,  January  31,  1818. 
Pursunnt  to  the  requisitions  of  the  act,  entitled  "An  act  to 
Report  of  ca-  provide  for  the  improvement  of  the  internal  navigation  of  this 
sioneM?1"13    state"  passed  April  17th,  1816;  and  of  the  act,  entitled  "An 
act  respecting  navigable  communications  between  the  great  Western 
and  Northern  Lakes  and  the  Atlantic  Ocean"  passed  April  15th 


CANAL  LAWS,  to 


367 


1817,  the  Canal  Commissioners  respectfully  present  to  the  legis-  1818. 
lature  the  following  v  v  ' 

REPORT : 

As  early  in  the  spring  as  was  practicable,  operations  were 
commenced  at  Rome,  by  a  careful  re-examination  of  the  line  of  Opcr*l«oni 

1     *  commenced  at 

the  canal,  and  of  the  levels  of  the  preceding  year.  This  re- H  l 
examination  induced  a  belief,  that  the  short  summit  level  at  Rome, 
mentioned  in  the  report  and  indicated  on  the  map  of  last  year 
might  be  entirely  avoided,  and  instead  thereof,  a  long  summit 
obtained,  extending  from  the  Mohawk  river  to  the  vicinity  of  the 
salt  works  at  Salina.  By  this  arrangement,  the  cost  of  construct- 
ing two  locks,  the  delay  of  passing  them,  and  the  future  expense 
of  repairs,  would  for  ever  be  saved  and  prevented.  Add  to  this, 
the  new  and  extended  summit  would  command,  at  all  times,  an 
inexhaustible  supply  of  water,  embracing  the  Oriskany  creek, 
the  Mohawk  river,  Wood  creek,  and  the  more  numerous  and 
copious  streams  west  of  Wood  creek,  which  cross  the  line  of  the 
canal,  and  discharge  themselves  into  Oneida  lake.  After  a  mi- 
nute and  laborious  examination,  this  alteration  was  adopted. 

The  law  of  April  15th,  1817,  directs  the  construction  of  the 
middle  section  "  between  the  Mohawk  and  Seneca  rivers,"  Certain  ai- 
without  designating  any  point  of  union  with  either  of  the  said  led.t  U13  & 
rivers.  The  commissioners  therefore  believed  themselves  vested 
with  a  discretionary  power  which  would  authorize  them  to  ap- 
proach either  of  the  said  rivers,  at  such  place  as  would  most  con- 
duce to  the  public  good.  Not  only  from  actual  observation,  but 
from  information  derived  from  the  most  unquestionable  authority, 
it  was  ascertained,  that  the  Mohawk  river,  from  Rome  to  Utica, 
is  extremely  serpentine  in  its  course  ;  and  that  its  navigation,  in 
low  water,  is  much  more  difficult  and  imperfect  than  below  tin 
village  of  Utica;  so  much  so,  that  this  part  of  the  route  of  the 
western  inland  lock  navigation  frequently  becomes  a  portage; 
boats  being  lightened  or  unloaded  west  of  Rome,  and  their  car- 
goes carried  by  land  to  Utica,  where  they  are  reloaded  into 
boats  and  transported  down  the  Mohawk.  Anticipating  that  the 
channel  of  the  Mohawk  river  may  be  used  for  the  purposes  of 
btvieat  «  n,  for  some  time  after  the  completion  of  the  middle    Middle  «*c- 


ection,  before  the  eastern  section  will  be  constructed,  it  was  to  Utic*. 
leemed  advisable  to  extend  the  middle  section  as  far  east  as  the 
illage  of  Utica. 


36S 


CANAL  LAWS,  &c. 


1818.       By  a  reference  to  the  report  of  last  year,  it  will  be  found,  that 
v^v-W  a  sum  estimated  at  $75,000  was  assigned  to  the  purchase  of 
"utensils  ;  such  as  carts,  ploughs,  scrapers,  wheel-barrows,  iron 
bars,  pick-axes,  shovels,  chains,  temporary  work-shops,  barracks, 
&c."    This  item  of  anticipated  expenditure,  was  made  on  the 
authority  of  precedents,  derived  from  the  best  English  engineers; 
and  it  was  supposed  at  the  time,  that  it  would  be  expedient  for 
the  state  to  purchase  the  utensils  and  incur  the  expense.  But 
further  reflection  satisfied  the  commissioners  that  a  more  econo- 
!et^thedci- mical  course  miSnt  be  pursued.    They  therefore  determined  to 
nai  m  short   Jet  out  the  canal  in  short  sections  or  jobs  to  contractors,  who 

sections  orjobs 

to  contractors,  should  furnish  their  own  tools,  and  be  paid  a  stipulated  price  per 
cubic  yard,  for  excavation  and  for  embankment.  It  was  believed 
that  under  this  arrangement,  the*  necessary  utensils  would  be 
much  better  preserved  from  injury  and  destruction,  than  they 
would,  were  they  the  property  of  the  state  ;  it  was  foreseen  also, 
that  a  set  of  tools  in  the  hands  of  a  contractor  who  had  finished 
one  job,  would  furnish  him  with  a  strong  inducement  to  engage 
in  another;  audit  was  obvious,  that  the  tools  which  should 
remain  in  the  hands  of  an  individual  after  the  completion  of  any 
section  of  the  canal,  might  in  a  great  measure  be  usefullyapplied 
to  the  reparation  of  roads,  or  to  the  purposes  of  agriculture ; 
whereas  they  would,  as  the  property  of  the  state,  turn  to  little 
account. 

8tated.parati°nS  These  preliminaries  being  settled,  preparations  were  made  for 
dividing  the  canal  line  into  short  and  convenient  sections,  prepa- 
ratory to  its  being  let  to  contractors.  The  engineers  were  di- 
rected to  arrange  these  sections  in  such  manner,  as  that  every 
section,  if  practicable,  should  have  a  brook,  ravine  or  low  piece 
of  ground  at  either  end,  so  that  every  contractor  might  have  the 
advantage  of  draining  his  works,  without  interfering  with  any 
adjoining  contract.  Augers,  of  nearly  four  inches  in  diameter, 
and  with  a  shaft  of  twelve  feet  in  length,  were  procured,  with 
which  the  earth  was  perforated,  along  the  canal  line,  at  short 
distances,  to  the  necessary  depth,  in  order  that  every  alternation 
in  its  strata,  its  hardness  or  softness,  its  inclination  to  vegetable 
matter,  clay,  loam,  sand,  gravel  or  other  substance,  and  also  its 
porosity  or  impermeability  to  water,  might  be  ascertained  with 
the  greatest  possible  accuracy. 
Levels  exam-  The  levels  of  the  preceding  year,  were  not  only  carefully  re- 
examined, but  lateral  levels  were  frequently  made  en  each  side  oi 


CANAL  LAWS,  kc. 


the  line,  with  a  view  to  improve  its  location  wherever  the  nature  1818. 

of  the  ground  would  permit  ;  and  this  was  often  found  practical  v  ' 

ble.  The  engineers  were  directed,  in  addition  to  permanent 
bench-marks,  to  place  three  rows  of  stakes,  the  middle  row  to 
mark  the  centre  of  the  canal,  and  the  two  outside  rows,  which 
were  to  be  sixty  feet  apart,  to  designate  the  extremities  of  th^ 
part  to  be  grubbed,  wherever  that  operation  was  necessary.  Two 
other  rows  of  stakes  were  placed  in  such  manner  as  to  designate 
the  width  of  excavation,  conforming  also  to  the  curves  into 
which  the  angles  on  the  line  were  converter! ,  and  varying  in 
their  distance  from  each  other  in  a  ratio  combining  the  depth  of 
cutting  and  the  declivity  of  the  surface  of  the  ground.  The 
engineers  also  made  perspicuous  profiles  of  all  the  sections  sep- 
arately ;  marking  them  alphabetically,  or  numerically  ;  desig- 
nating the  distance  embraced  by  each,  and  noting  the  variations 
of  soil,  the  quality  and  quantity  of  timber  to  be  grubbed  and 
cleared,  and  other  peculiarities.  These  sectional  maps,  together 
with  drafts  and  plans  for  aqueducts,  culverts,  &ic.  are  herewith 
presented. 

After  the  extension  of  the  summit  level  had  been  determined,  ^     .A  ,  , 

(  'Summit  level, 

an  extension  which  it  is  believed  renders  it  superior  in  length  to 
any  summit  level  in  the  world,  considerable  solicitude  was  felt, 
lest  with  all  the  care  and  accuracy  of  the  engineers  some  devia- 
tion from  an  exact  water  level  might  be  made  on  so  long  a  line. 
"While  Benjamin  Wright,  Esquire,  was  re-examining  and  laying 
off  sections  from  Rome,  west  along  the  canal  line,  it  was  deemed 
expedient,  as  a  test  to  the  accuracy  of  the  work,  that  James 
Geddcs,  Esquire,  should  start  at  a  given  point  on  the  canal  line, 
at  Rome,  and  carry  a  level  along  the  road  to  the  east  end  of 
Oneida  lake,  marking  on  permanent  objects  the  height  of  the 
surface  of  the  water  while  the  lake  was  tranquil,  at  various  places 
from  the  east  to  the  west  end,  along  its  southern  shore ;  that  he 
should  then  connect,  by  a  level,  the  Oneida  with  the  Onondaga 
lake  ;  after  which  he  was  to  carry  a  level  from  the  last  mentioned 
lake,  at  Salina,  south  about  one  and  a  fourth  miles  to  the  canal  line, 
and  from  thence  to  work  to  the  east,  laying  off  sections  along 
the  canal  line.  This  was  accomplished,  and  nine  miles  at  tho 
west  end  of  the  summit  level  were  laid  out  into  sections.  And 
the  commissioners  have  the  satisfaction  to  state,  that  when  the 
level  of  Mr.  Wright  had  been  carried  along  the  canal  line,  to  the 
place  where  Mr.  Gedde>  had  terminated  his  line,  the  levels  of 

47 


370  CANAL  LAWS,  &c. 

1S18.     these  engineers,  which  embraced  a  circuit,  from  the  place  of  de- 
parture  to  the  junction,  of  nearly  one  hundred  miles,  differed 
Accuracy  of  from  each  other  less  than  one  and  an  half  inches  !  This  result,  so 

experiments.         .  r  .  M  .     .      .  .  ,  a  , 

satisfactory,  exhibits  in  the  engineers  a  degree  of  care,  skill  and 
precision,  in  the  delicate  process  of  levelling,  which  has  perhaps 
never  been  exceeded. 
Operations  Isaac  Briggs,  Esquire,  an  eminent  mathematician,  who  had 
an!u;ticaRome  Deen  empl°yed  by  the  commissioners  as  an  engineer,  after  pro- 
curing the  necessary  instruments,  was  directed  to  operate  between 
Rome  and  Utica. 

This  part  of  the  line  was  in  general  less  encumbered  with  forest 
trees,  and  offered  fewer  obstructions  to  a  fair  and  speedy  experi- 
ment in  excavation  than  any  other.  The  necessary  preliminary 
examinations  had  occupied  much  time,  so  that  the  season  was  al- 
ready far  advanced,  and  had  become  excessively  wet ;  the  de- 
Season  wet  &c  manQ,s  for  contracts  already  increased  beyond  every  exertion  to 
supply  them  :  it  seemed  very  important  that  in  the  course  of  the 
season  such  progress  should  be  made  in  the  works,  as  would  pre- 
sent to  the  people  of  the  state  as  satisfactory  a  test  as  possible,  of 
the  correctness  or  incorrectness  of  the  estimates  of  last  year  :  it 
was  necessary  before  the  contracts  could  be  made  to  determine 
the  exact  dimensions  of  all  the  works,  and  the  precise  manner  of 
their  construction  ;  to  calculate  the  cubic  contents  of  masonry  in 
every  aqueduct  and  bridge,  so  that  a  sufficient  quantity  of  proper 
materials  might  be  provided  :  in  short,  to  settle  all  the  details 
and  provisions  of  a  great  variety  of  miscellaneous  contracts,  of 
which  hardly  any  two  are  to  be  found  exactly  similar  to  each 
other.  Oppressed  by  that  weight  of  responsibility,  which  is  the 
necessary  concomitant  of  such  a  complication  of  important  con- 
cerns, the  acting  commissioners  felt  that  the  united  exertions  of  the 
engineers  and  of  themselves  were  indispensable,  until  by  their 
labors  these  multifarious  details  should  have  assumed,  in  some 
measure,  an  organised  form.  These  considerations,  it  is  hoped, 
will  furnish  a  sufficient  apology  for  not  having  divided  their  ex- 
ertions at  an  earlier  period,  and  simultaneously  attended  to  the 
Champlain  canal,  as  was  at  first  intended,  and  as  it  seems  was 
contemplated  by  the  law  tvhich  authorises  its  construction. 

After  performing  the  above  services,  James  Geddes,  Esquire, 
was  directed  to  operate  between  Rome  and  Utica,  until  that  part 
of  the  line  should  be  ready  for  contract?  ;  after  which  he  was  in- 


CANAL  LAWS,  .v.  . 


structed  to  repair  to  the  Champlain  canal,  he  having  been  pre-  1S18. 
viously  designated  as  its  engineer.  v      V  • 

The  first  contract  is  dated  the  27th  June,  1817,  but  owing  to  First  contract 

.  .  .   is  dat»;d  June 

the  time  necessarily  spent  by  the  contractors  in  preparation,  it  27,  t«i7,  and 
was  not  until  the  4th  of  July  that  the  excavation  was  commenced,  cavmtion  ecm- 

Although  the  contracts  are  various  and  dissimilar,  in  conformi-  menc«rf- 
ty  to  the  localities  of  the  line  which  they  respectively  embrace, 
yet  there  are  some  general  provisions  applicable  to  every  con- 
tract for  grubbing  and  clearing,  for  excavation  and  for  embank- 
ment, which  will  be  seen  in  the  forms  marked  A.  B.  C.  hereto 
annexed.  The  form  of  a  contract  for  stone  marked  D ;  of  a 
contract  for  the  construction  of  road  bridges,  marked  E  ;  and  of 
a  contract  for  cast  iron  culverts,  marked  F.  are  also  added. 
Some  of  the  contracts  for  stone  provide  that  they  shall  be  paid 
for,  according  to  the  measurement  by  the  cord  at  the  place  of  de- 
livery :  others  according  to  the  cubic  measurement  in  the  wall, 
after  they  are  laid,  and  others  at  so  much  per  ton,  weighed  at 
the  place  of  delivery. 

A  schedule  marked  G.,  hereto  annexed,  contains  the  names  of 
all  the  contractors*  the  dates,  extent,  nature  and  prices  of  the 
several  contracts,  the  respective  times  when  they  are  to  be  com- 
pleted, and  also  the  sums  of  money  paid  or  advanced  upon  each 
of  them. 

It  will  be  perceived  that  the  length  of  the  line  embraced  by 
the  several  contracts  for  excavation  and  for  embankment,  varies 
from  forty  rods  to  three  miles.  The  contracts,  generally,  were 
made  to  embrace  less  than  would  otherw  ise  have  been  necessary, 
in  order  that  men  in  moderate  pecuniary  circumstances  might 
be  enabled  to  engage  in  the  work,  provided  they  could  procure 
the  necessary  security.  And  although  this  multiplication  of  the 
contracts  created  much  more  trouble  and  labor  for  the  commis- 
sioners than  a  contrary  course  would  have  done,  as  on  every  job 
it  was  necessary  not  only  to  draw  and  execute  a  contract,  but 
also  a  counterpart  thereof,  so  that  each  party  might  have  one  in 
his  possession,  yet  this  was  obviously  more  just  and  equitable, 
than  by  a  diminution  of  the  number  of  contracts  to  have  put  it  in 
the  power  of  a  few  wealthy  individuals  to  have  monopolised  the 
whole,  and  to  have  made  sub-contracts,  at  reduced  prices,  with 
the  laboring  part  of  the  community. 

It  was  usually  the  case  when  a  contract  was  made,  that  the  Monies  ad- 
contractor  wished  for  an  advance  in  money,  in  some  decree  pro-  vanced  whfn 

7  ox        voniract  made. 


(  ANAL  LAWS,  &c. 


IS  IS.  portionate  to  the  extent  of  his  contract,  to  enable  him  to  procure 
— v  ''teams,  utensils,  provisions,  fcc.  A  sum  for  this  purpose  was  gen- 
erally advanced,  on  the  security  of  some  responsible  individual 
or  individuals,  who  became  jointly  and  severally  bound  with  the 
contractor  that  the  job  should  be  finished  by  the  time  and  in  the 
manner  specified  in  the  contract,  or  that  the  money  should  be 
refunded  with  interest ;  and  further,  that  the  amount  of  the  sum 
advanced  should  be  expended  in  labor  towards  the  completion 
of  the  contract  within  a  reasonable  time,  (generally  two  months) 
or,  in  default  thereof,  that  the  said  sum  should  be  repaid  on  de- 
mand, with  interest.  This  obligation  was  generally  written  on 
the  back  of  the  contract,  according  to  the  form  hereto  annexed, 
marked  H. 

Instructions  In  the  execution  of  contracts  for  excavation  and  for  embank- 
msmeers.  ment^  tnere  are  great  opportunities  for  deception,  by  neglecting 
to  remove,  in  an  effectual  manner,  from  the  foundation  of  the 
works,  all  the  porous  and  perishable  matter,  and  by  constructing 
the  internal  and  concealed  parts  of  the  banks  of  improper  mate- 
rials. To  prevent  this,  the  engineers  were  instructed  to  examine 
the  works  as  often  as  their  other  avocations  would  permit ;  and 
also  to  employ  faithful,  active  and  vigilant  assistants,  who  were 
frequently  to  traverse  the  line,  and  carefully  to  inspect  every  job, 
and  commit  to  writing,  and  report  to  the  engineer,  every  depar- 
ture from  a  rigid  compliance  with  the  respective  contracts.  The 
commissioners  also,  as  far  as  time  would  allow,  superintended 
the  execution  of  all  the  works.  The  contracts  were  drawn  in 
such  manner  (as  will  be  perceived  by  the  forms)  that  every  con- 
tractor was  compelled  to  finish  his  whole  job,  and  have  it  inspected 
and  accepted  by  the  engineer,  before  he  was  entitled  to  receive 
any  part  of  his  pay.  The}-,  however,  received  a  verbal  assur- 
ance from  the  commissioners,  that  while  the  works  were  carried 
on  in  a  faithful  manner,  monthly  payments  should  be  made, 
amounting  nearly  to  the  value  of  the  labor  expended  on  the  job, 
calculated  pro  rata  according  to  the  prices  mentioned  in  the  con- 
tract, and  deducting  all  previous  advances  and  payments  ;  but 
that  if  any  attempt  at  deception  was  discovered  in  the  works, 
these  payments  should  be  entirely  suspended,  and  a  strict  com- 
pliance with  the  contract  enforced.  Arrangements  were  also 
made  to  fill  the  canal  with  water,  after  the  completion  of  a  job, 
and  previous  to  a  settlement  with  the  contractor,  in  every  place 


(  ANAL  LAWS,  fee.  af3 

where  this  was  practicable;  so  that  the  leaks,  if  any,  might  be  1318. 
at  once  discovered  and  repaired,  at  the  expense  of  the  contractor. v      v  ' 

When  it  is  considered  that  the  greatest  part  of  the  contractors 
are  men  of  property  and  respectability,  whose  reputations  are 
intimately  connected  with  a  faithful  performance  of  their  con- 
tracts, and  when  reference  is  had  to  the  many  guards  and  pre- 
cautions, which  are  calculated  to  ensure  the  same  result,  it  may 
be  safely  anticipated,  that  the  canal  will  be  constructed  in  the 
most  substantial  and  durable  manner. 

The  distance  now  under  contract,  is  about  fiftv-eierht  miles, 58  mi,es  unJe*i 

.         7  contract,  and 

and  is  wholly  on  the  summit  level.    A  few  rods  on  each  side  ofihe  progre* 
he  Oriskany  creek,  have  not  been  let  out,  but  are  reserved  in  or- 
der that  the  surplus  earth  may  be  used  in  the  construction  of  a 
Jam,  which  is  to  be  built  across  that  stream.    More  or  less  labor 
las  been  applied  along  the  whole  extent  of  the  line  under  con- 
ract,  according  to  the  means  of  the  several  contractors,  and  the 
ime  afforded  to  each  of  them,  after  the  date  of  the  contract,  be- 
bre  the  close  of  the  season.    The  greatest  part  of  the  contract- 
us suspended  their  operations  at  the  freezing  of  the  ground,  tho' 
everal  of  them  have  continued  to  labor  on  their  jobs  up  to  the 
>resent  time.    About  two  thirds  of  the  whole  distance  is  through 
lew  and  uncleared  land,  and  of  course  required  grubbing  and 
tearing  ;  the  greatest  part  of  which  has  been  completed.  Con- 
iderable  progress  has  also  been  made  on  about  two  thirds  of  the 
otis  in  excavation  and  embankment.    One  job  has  been  comple- 
ed  and  inspected,  and  a  final  settlement  made  with  the  contract- 
ors.   Another  is  so  far  finished,  as  to  be  fit  for  use ;  but  it  will, 
levertheless,  require  a  few  days  additional  labor,  to  give  it  that 
'eauty  and  symmetry  which  are  contemplated  by  the  contract ; 
ad  arrangements  are  also  made  to  fill  it  with  water  before  a  final 
ettlement  is  had  with  the  contractor.  Detached  pieces  likewise  are 
ompleted  on  many  others  :    Indeed  contracts  may  be  seen  in 
very  stage  of  progression,  from  a  bare  commencement  to  a  com- 
letion.    A  pretty  correct  idea  can  be  formed  of  the  amount  of 
ibor,  which  has  been  applied  to  each  contract,  by  reference  to 
ie  prices,  and  to  the  amount  paid  to  the  respective  contractors, 
ought,  however,  to  be  noted,  that  from  $200  to  .$1000  each, 
as  advanced  on  security,  in  December  last,  to  the  greatest  part 
f  the  contractors,  to  enable  them  to  take  advantage  of  the  mar- 
et,  in  purchasing  beef,  pork,  flour  and  other  stores  and  provi- 
ons  for  the  next  season.    From  the  best  estimate  that  can  be 


374 


(  ANAL  LAWS,  &c. 


1818.     formed,  it  is  believed,  that  the  amount  of  labor  which  has 
v  v  J  been  applied  on  the  whole  line,  would  have  completed,  if  con- 
centrated, the  average  excavation  and  embankment  of  about  fif- 
teen miles. 

Experience  ac-     Much  useful  experience  has  been  acquired  in  the  course  of  the 

qmred,  &c.  geason<  Many  valuable  improvements  have  been  made  in  the 
method  of  grubbing  standing  timber.  It  has  been  ascertained 
that  much  labor  in  excavation  is  saved,  especially  in  dry  ground, 
by  the  use  of  the  plough  and  scraper  :  and  it  is  found  that  banks 
constructed  in  this  way,  by  being  constantly  travelled  over  by 
the  teams  with  their  loads,  are  much  more  solid,  and  less  liable 
to  leakage,  than  those  which  are  made  after  the  European  me- 
thod with  the  spade  and  wheel-barrow.  And  even  with  the  spade 
and  wheel-barrow,  more  progress  can  be  made  in  excavation, 
than  was  supposed.  As  an  exemplification  of  this  remark,  the 
commissioners  state  with  the  fullest  confidence,  on  the  authority 
of  Messrs.  Pease,  Mosely  and  Dexter,  that  three  Irishmen  in  their 

™s°hmen^ieeemploy>  finished,  including  banks  and  towing-path,  three  rods  of 
the  canal,  in  four  feet  cutting,  in  the  space  of  five  and  a  hall* 
days.  Thus  sixteen  and  a  half  days  work  accomplished  the  ex- 
cavation of  two  hundred  forty-nine  and  one  third  cubic  yards ; 
which  at  twelve  and  a  half  cents  per  cubic  yard,  would  produce  to 
each  workman  the  very  liberal  wages  of  one  dollar  and  eighty- 
eight  cents  per  day. 
Contractors      It  is  believed  that  the  prices  which  the  contractors  receive  for 

tPbci?ptvWi&c  the  several  kinds  of  work,  will  afford  them,  in  ordinary  seasons, 
a  generous  compensation  for  their  labor  and  superintendence.— 
The  contractors  in  general  feel  confident  of  this  ;  and  those  who 
have  done  the  most  towards  the  accomplishment  of  their  jobs,  feel 
the  greatest  degree  of  encouragement.  Several  of  them,  as  will 
be  perceived,  have  taken  second  jobs  ;  and  others  have  made  ap- 
plication for  them,  but  could  not  be  accommodated.  Those  who 
have  finished  particular  pieces,  have  been  able  to  make  calcula- 
lations  of  their  loss  or  gain  with  mathematical  certainty  :  and  not 
an  instance  of  this  kind  is  known,  in  which  it  has  been  shewn 
that  the  prices  do  not  pay  for  the  labor.  Mr.  Richardson  tvlio 
completed  the  first  job,  except  giving  it  the  last  finish,  which  will 
not  probably  require  more  than  ten  or  fifteen  days  labor,  alledge> 
that  he  has  kept  an  account  of  his  expenditures,  and  that  not- 
withstanding the  unfavorableness  of  the  season,  he  shall  clear  the 
whole  of  his  tools  and  utensils.    The  excavation  of  this  job,  run- 


CANAL  LAWS,  fcc. 


ning  through  low  ground,  was  almost  incessantly  interrupted  or  1818. 
incommoded  by  repeated  inundations.    The  contractors,  in  gen-  v" 


*      1  .  e;        But  have  lo  t 

eral  affirm,  that  they  have  been  injured  from  20  to  30  cent,  by  by  the  wetnew 
i  j  •  c  j.\  "  w  the  season, 

the  extraordinary  wetness  ot  the  season. 

The  rains  have  surpassed  in  extent  and  duration  all  former  ex- 
ample. More  water  has  flowed  in  the  Mohawk  river  the  past 
summer,  than  was  ever  before  witnessed  in  any  season  by  the  old- 
'est  inhabitants.  Its  extensive  intervale  lands  have  several  times 
been  deluged  :  and  at  Rome  it  raised  so  high  in  October  last, 
that  a  part  of  its  waters,  overflowing  the  dividing  lands  between 
the  river  and  Wood  creek,  passed  down  that  creek  and  were  of 
course  discharged  into  the  ocean  by  the  St.  Lawrence  ;  thus 
converting  the  northern  and  eastern  part  of  this  state,  and  indeed, 
all  the  country  east  of  the  Hudson  and  south  of  the  St.  Lawrence, 
into  an  island. 

But  although  these  excessive  rains  have  been  so  detrimental  to  iffX^jX00 

S  Providential 

the  contractors,  yet  they  have  furnished  a  volume  of  experience,  dispensations, 
which  cannot  fail  to  be  immensely  valuable  to  the  state,  in  the 
great  works  of  internal  improvement  which  have  been  commen- 
ted.   Indeed,  with  minds  accustomed  to  view  in  every  occur- 
rence a  particular  dispensation  of  a  benign  and  superintending 
Providence,  the  two  last  seasons  cannot  but  be  regarded  with  pe- 
culiar interest.     In  18 1G,  when  the  whole  of  both  routes,  from 
lake  Erie  and  from  lake  Champlain  to  the  navigable  waters  of  the 
Hudson,  embracing  an  extent  of  more  than  four  hundred  miles, 
was  to  be  examined  and  explored,  the  season  was  uncommonly 
Jry  and  favorable ;  and  perhaps  more  useful  and  extensive  sur- 
veys and  levels  were  made  than  were  ever  before  accomplished 
in  one  year  in  any  age  or  country  :  And  in  1817.  when  the  works 
were  to  be  commenced,  no  season  was  ever  marked  with  such 
repeated  inundations  ;    as  if  to  indicate  at  the  commencement, 
by  the  height,  impetuosity  and  durability  of  the  greatest  floods, 
he  exact  dimensions  and  strength  of  the  works  necessary  to  dis- 
charge or  resist  thera. 

The  examinations  of  last  year,  which  have  been  so  minute  and 
ntical,  that  no  important  obstructions  could  have  escaped  them, 
lave  strongly  demonstrated  the  practicability  of  carrying  on 
hese  important  works. 

The  ground  is  so  well  calculated  for  a  canal,  that  the  commis-  Only  half  a 
ioners  feel  very  confident,  that  in  the  distance  of  more  than  fifty  ^dd™"19 
iglit  miles  between  lTtica  and  Salina,  there  is  not  to  exceed  h alf 
\  mile  which  will  probably  require  puddling. 


CAx\AL  LAWS,  &c. 


181S.        This  half  mile  is  in  the  neighborhood  of  Whitesborough  ;  and 

v  v  '  even  with  respect  to  this,  strong  expectations  are  entertained,  that 

*ewrocks»&c-  without  this  process  it  will  become  water  tight.  So  few  rocks 
or  stones  exist  on  the  whole  extent  of  the  summit  level,  that  it  is  be- 
lieved $500  would  be  more  than  sufficient  to  remove  every  ob- 
struction of  this  kind.  In  the  town  of  Manlius,  two  or  three 
points  of  shelly,  rotten  limestone,  of  a  slaty  structure,  such  as 
generally  forms  the  roof  or  covering  of  plaster  beds,  have  been 
discovered,  and  are  indicated  on  the  profdes  ; — and  on  the  con- 
tract of  Mr.  Gumaer,  in  this  town,  fine  chrystalized  gypsum  has 
been  dug  up  and  laid  bare  by  the  excavation.  In  the  whole  ex- 
tent of  the  summit  level,  there  is  not  a  ravine  to  be  filled  up,  or 
a  ridge  to  be  cut  down,  in  which  the  greatest  deviation  of  the 
surface  of  the  earth  from  the  top  water  line  amounts  to  eighteen 
feet.  The  average  depth  of  cutting,  for  the  whole  distance,  is 
less  than  five  feet ;  and  an  embankment  one  seventeenth  part  of 
the  distance,  ten  feet  high,  would  amount  to  all  the  combined 
works  of  that  kind  which  are  necessary. 
Contracts    ^  reference  to  the  former  report  will  shew,  that  the  contracts 

within  theesti-on  t}ie  whole  are  within  the  estimates.  It  is  true,  that  as  respects 
mates,  &c.  #  r 

the  contracts  for  excavation,  separately  considered,  although 

some  of  them  are  as  low  as  eleven  cents  per  cubic  yard,  yet  in 
the  aggregate  they  will,  in  a  trifling  degree,  exceed  the  estimates. 
But,  by  an  examination  of  the  sectional  maps,  it  will  be  seen, 
that  some  of  these  contracts  include  small  ravines,  over  which 
short  embankments  were  necessary  ;  and  in  some  cases  of  this 
kind,  where  the  surplus  earth  from  the  parts  to  be  excavated  was 
supposed  to  be  sufficient  to  form  the  embankments,  nothing  was 
allowed  eo  nomine  for  the  embankments  ;  but  such  sum,  by  the 
cubic  yard,  for  the  excavation  was  agreed  on,  as  was  deemed 
sufficient  to  cover  this  extra  labour.  This  was  the  case  in  the 
first  contract  of  Mr.  Richardson,  and  in  several  others  of  the 
earliest  contracts,  as  will  be  perceived  by  the  profiles  of  the  sec- 
tions which  they  embrace. 

The  reduction  of  the  short  summit  level  at  Rome  created  be- 
tween two  and  three  feet  additional  depth  of  cutting  for  about 
three  miles  in  length  :  and  this  extra  depth  required  an  enhance- 
ment in  the  price  of  excavation  :  but  it  should  be  noted,  that  the 
saving  of  the  cost  of  constructing  two  locks,  in  addition  to  oth- 
er advantages,  will  much  more  than  counterbalance  this  enhance- 
ment of  expense. 


CANAL  LAWS,  kc. 


3?7 


The  estimates  allowed  for  grubbing  and  clearing  through  un-  1 8 1 S . 
cleared  land  $1,500  per  mile  ;  and  by  a  reference  to  the  con-  v^-v^^/ 
tracts  it  will  be  perceived  that  the  prices  to  be  paid,  average  about 
$  1 ,200  per  mile.  The  estimated  price  for  building  a  road  bridge 
was  $500 — w  hereas  the  whole  have  been  contracted  for  between 
Utica  and  Salina,  and  with  a  warranty  that  they  shall  stand 
firm  and  secure  for  five  years,  at  an  average  of  $335  each.  The 
culverts  are  to  be  made  of  cast  iron.  They  will  probably  cost 
as  much,  and  possibly  rather  more  than  the  estimates  ;  but  their 
permanency  and  durability  will,  it  is  believed,  make  them  cheap- 
er in  the  end,  than  though  they  had  been  constructed  in  the  ordi- 
nary manner.  In  comparing  the  amount  to  be  paid  upon  the 
contracts  with  the  former  estimates,  it  should  not  be  forgotten 
that  all  the  contractors  furnish  their  own  tools,  by  which  the 
state  is  relieved  from  a  very  serious  item  of  expense. 

On  the  whole,  the  Commissioners  feel  satisfied  from  the  expe- 
rience of  last  year,  that  with  care  and  economy,  and  also  with 
the  aid  of  the  labour-saving  improvements  which  may  be  reason- 
ably anticipated  during  the  progress  of  the  works,  the  Erie  and 
Champlain  Canals  may  be  completed  for  a  sum  which  shall  not 
exceed  the  estimates. 

About  the  5th  of  September,  Mr.  Geddes  commenced  the  re"Can^b£™pla'ri 
examination  of  the  Champlain  Canal. — Considerable  time  was 
spent  in  exploring,  with  a  view  to  ascertain  whether,  in  case  the 
i  trade  on  that  canal  should,  in  a  course  of  years  increase  to  such 
a  degree  as  to  exhaust  Half  Way  Brook,  which  is  the  principal 
source  of  supply  for  the  summit  level,  a  sufficient  quantity  of  wa- 
ter might  be  obtained  from  any  other  quarter.  Levels  were 
carried  from  the  Hudson  river,  at  several  points  above  Fort  Ed- 
ward, to  the  line  of  the  canal  :  And  it  was  ascertained,  that  in 
the  event  of  future  deficiency,  water  may  be  drawn  from  the 
Hudson  by  a  short  feeder,  in  any  quantity  which  may  be  neces- 
sary. It  is  not  proposed  to  make  this  feeder  at  present  ;  indeed, 
it  is  not  believed  it  will  be  wanted  in  half  a  century,  unless  a 
change  in  the  seasons,  creating  a  great  diminution  of  water,  should 
ake  place  ;  but  it  was  deemed  prudent  before  the  canal  was  com- 
nenced,  to  ascertain  the  practicability  of  its  future  construction. 

The  engineer  levelled  and  examiued  the  whole  length  of  the 
ine  of  the  canal  from  Fort  Edward,  w  hich  is  to  be  its  place  of 
unction  with  the  Hudson,  to  Whitehall.  Five  miles  from  White- 
lall,  south,  along  the  line  of  the  canal  were,  marked  out  into 

48 


SIB 


CANAL  LAWS,  &c. 


1818.  sections  ;  which  comprehend  the  greatest  part  of  the  excavation 
— v~— '  between  the  south  part  of  the  village  of  Whitehall  and  Fort  Ann, 
as  the  natural  channel  of  Wood  Creek  will  be  principally  used 
the  remainder  of  the  distance  between  those  two  places.  Some 
doubt  existed  at  Fort  Ann,  whether  it  would  be  best  to  pass  on 
the  east  or  the  west  side  of  the  village.  Both  routes  were  ex- 
plored, and  it  is  finally  believed,  that  the  east  route  combines  the 
greatest  advantages.  These  two  routes  form  a  junction  about 
one  mile  south  of  the  village  of  Fort  Ann,  from  which  point, 
about  five  miles  along  the  line  of  the  canal  to  the  south  were 
laid  out  into  sections.  From  the  termination  of  this  last  dis- 
tance to  Fort  Edward,  it  was  carefully  explored  and  levelled  j 
but  a  part  of  the  distance  being  swampy  and  filled  with  water 
by  the  excessive  rains,  and  it  being  so  late  in  the  fall  that  little 
probability  existed  of  commencing  the  excavation  to  advantage 
until  next  season,  the  engineer  did  not  lay  off  into  sections  and 
accurately  stake  out  this  part  of  the  line.  It  is  however  intended, 
that  this  shall  be  done  in  March,  before  the  breaking  up  of  the 
frost,  if  the  weather  will  permit,  so  that  the  work  may  be  com- 
menced as  early  in  the  spring  as  possible. 
Profiles  and  The  profiles  and  maps  of  the  engineer  are  herewith  present- 
ap!*  ed.  A  printed  copy  of  specifications,  regulating  the  manner  of 
constructing  the  works,  and  designed  in  some  measure  to  abridge 
the  labour  of  writing  the  contracts,  is  also  hereto  annexed. 

The  line  of  the  canal  and  the  form  of  the  works,  are  not  ma- 
terially varied  from  the  plan  proposed  in  the  report  of  last  year. 
It  has,  however,  been  thought  advisable,  and  indeed  of  consider- 
able importance,  to  enlarge  the  dimensions  of  the  canal  and 
locks,  so  as  to  make  them  correspond  in  size  with  the  Erie  canal. 

Several  important  considerations  may  be  adduced  in  support  of 
this  alteration.  Those  parts  of  this  state  and  of  Vermont  which 
lie  contiguous  to  Lake  Champlain,  abound  in  masts,  spars,  ship- 
timber,  and  lumber  of  all  descriptions,  to  a  degree  which  can 
hardly  be  conceived  by  a  person  unacquainted  with  those  exten- 
sive tracts  of  country.  It  will  require  locks  of  nearly  or  quite 
ninety  feet  in  length  to  transport  masts  and  spars  to  the  best  ad- 
vantage ;  and  all  the  bulky  articles  of  lumber,  which  are  usual- 
ly rafted,  may  be  transported  through  such  locks  in  much  larger 
quantities,  and  of  course  with  much  more  expedition,  than 
through  those  of  small  dimensions,  as  it  requires  nearly  the  same 
time  to  pass  a  small  as  a  large  lock. 


CANAL  LAWS,  Sec 


After  the  completion  of  the  canals,  a  considerable  exchange  of  1 813. 
articles  may  be  expected  between  the  western  and  northern  parts  ^^v-^ 
of  this  state.  Salt  and  gypsum  will  be  sent  from  the  west  to  the 
north,  for  which  iron  and  the  fine  marble  of  Vermont  will  be 
returned.  It  is  obvious,  that  no  direet  communication  of  this 
kind  can  be  carried  on  between  these  two  parts,  unless  the  boats 
which  navigate  the  Erie  Canal,  and  which  will  probably  be  of 
correspondent  dimensions,  can  also  traverse  the  Champlain  Ca- 
nal. If  this  is  not  the  case,  cargoes  passing  from  one  of  these 
places  to  the  other  must  be  unloaded  and  reloaded  at  the  tide- 
waters of  the  Hudson,  which  would  increase,  in  a  considerable 
degree,  the  expense  of  transportation. 

The  additional  cost  of  increasing  the  dimensions  of  the  Cham- 
plain  Canal,  together  with  its  locks,  will,  it  is  believed,  bear  no 
proportion  to  the  utility  of  the  measure.  For  more  than  half  the 
distance  between  the  tide-waters  of  the  Hudson  and  Lake  Cham- 
plain,  this  communication  will  occupy  the  natural  channel  of  the 
Hudson  and  of  Wood  Creek.  It  is  apparent  then,  that  the  ex- 
tra expense  of  excavation  created  by  this  measure  cannot  be  very 
serious.  A  considerable  share  of  the  expense  of  a  lock  is  usu- 
ally incurred  in  securing  a  permanent  foundation,  by  piling  or 
otherwise.  When  it  is  considered,  therefore,  that  the  piling  ma- 
chines and  other  necessary  apparatus  will  cost  about  the  same 
sum  for  locks  of  different  dimensions,  it  is  pretty  evident,  that  an 
addition  of  ten  feet  to  the  length,  and  two  to  the  breadth  of  a 
lock,  cannot  very  considerably  augment  its  expense. 

The  excavation  of  about  five  miles  of  the  Canal,  immediately  5  miies  cx>ni 
south  of  Whitehall,  has  been  contracted  for  by  Messrs.  Melanc^ tracledfor: 
thou  Wheeler  and  Ezra  Smith,  at  twelve  and  a  half  cents  per  cu- 
bic yard,  except  a  deep  cutting  of  about  thirty  rods  in  length,  for 
►vhich  they  are  to  receive  eighteen  cents.  The  work  was  com- 
nenced  and  continued  for  some  time  on  this  contract,  until  the 
weather  had  become  so  unfavorable,  and  the  days  so  short,  that 
t  was  thought  prudent  to  suspend  it  till  spring. 

Reasonable  propositions  have  been  made  for  the  excavation  of 
ill  the  remaining  part  of  the  line,  except  thai  which  passes  through 
he  village  of  Whitehall  ;  but  as  the  work  could  not  be  advanta- 
geously commenced  till  next  spring,  and  as  a  considerable  part 
>f  the  line  was  not  accurately  designated,  the  contracts  have  not 
et  been  executed. 

The  re-examination  of  the  Champlain  Canal,  has  confirmed 


CANAL  LAWS,  &c. 


1S18.  and  increased  the  favorable  impressions  which  the  former  survey 
had  made.  From  the  advantageous  nature  of  the  ground  gene- 
rally, and  from  the  contiguity  of  the  materials  which  are  neces- 
sary for  the  construction  of  the  artificial  works,  the  Commission- 
ers confidently  anticipate,  that  even  with  its  enlarged  dimensions, 
it  will  be  made  for  the  sum  mentioned  in  the  estimate. 
A  ent  employ  ^n  aSen*  was  empl°yed  early  in  the  season  to  procure  for  the 
etfto  procure  state  cessions  of  the  lands  to  be  occupied  by  the  Canals.  He 
traversed  the  whole  line  from  Utica  to  the  Seneca  river,  and  took 
particular  pains  to  call  on  every  resident  land  holder  who  could 
be  found.  The  result  was,  that  about  nine-tenths  of  them  made 
voluntary  cessions  to  the  state.  More  than  half  of  the  line  of  the 
Champlain  Canal,  between  Fort  Edward  and  White  Hall,  has 
also  been  ceded  by  the  owners,  to  whom  application  was  made  by 
the  same  agent. 

Several  young  men  have  been  employed  by  the  engineers  as 
assistants,  during  the  last  season,  some  of  whom  have  manifested 
a  praiseworthy  zeal  to  qualify  themselves  as  engineers  ;  and  from 
the  attention  and  aptitude  which  they  have  exhibited,  there  is  no 
doubt  but  they  will  soon  become  extremely  useful  to  the  state. — 
One  of  them  has  gone  to  Europe,  with  a  view  to  make  himself 
fully  acquainted  with  the  best  mode  of  constructing  all  the  works 
appertaining  to  Canals. 
General  Re-  The  construction  of  Canals  is  an  art  within  the  complete  attain- 
maik6e  ment  of  ordinary  capacities.  AH  its  rules  have  been  fully  ex- 
plained by  eminent  engineers,  who  have  written  treatises  on  the 
subject.  And  notwithstanding  our  country  has  made  such 
small  advances  in  Internal  Navigation,  yet  there  are  already  in 
the  United  States  samples  of  the  most  difficult  works  which  will 
be  necessary  on  the  Erie  or  Champlain  Canal. — Neither  of  these 
communications  will  require  a  reservoir,  sough  or  tunnel,  which 
are  always  the  most  extensive  appendages  to  internal  navigation. 
Locks  are  the  most  difficult  of  all  the  works  which  will  be  neces- 
sary, and  their  construction  is  already  well  understood  in  this 
state. 

The  state  of  New-York  may  indulge  the  proud  reflection,  thai 
Shcaute^c. sne  Possesses  within  herself  the  genius,  the  skill,  the  enterprise 
and  all  the  other  means,  requisite  to  the  accomplishment  of  ai 
Internal  Navigation,  whose  utility  will  surpass  any  work  of  th< 
kind  which  preceding  ages  have  accomplished.  The  locatioi 
and  extent  of  the  great  lakes,  connected  together  and  stretching 


Canal  laws,  &c. 


381 


through  several  degrees  of  latitude  and  longitude,  and  the  won-  1818. 

derful  facilities  of  the  country  intervening  between  them  and  the  v  v — 

tide  waters  of  the  Hudson,  appear  to  have  been  designed  by  na- 
ture to  tempt  the  improving  industry  of  man.  To  join  the  east 
to  the  west ;  to  unite  the  forty-iifth  degree  of  latitude  on  Lake 
Champlain  with  the  farthest  verge  of  Lake  Superior  ;  to  connect 
the  whole  with  the  ocean,  and  to  bestow  the  blessings  of  an  easy 
intercommunication  upon  the  millions  of  human  beings  who  are 
destined  to  flourish  along  these  extended  lines,  are  within  the  re- 
sources of  this  state,  It  rarely  falls  to  the  lot  of  the  limited  pow- 
ers of  man,  to  confer  any  signal,  extensive  and  lasting  benefit 
upon  the  human  race  ;  but  the  achievement  of  this  magnificent 
enterprise,  surpassing  in  its  effects  all  the  ordinary  attainments 
of  human  imbecility,  would  seem,  in  no  partial  degree,  to  emu- 
late the  bounty  of  Heaven  itself,  which  showers  its  benedictions 
upon  whole  states  and  kingdoms. 

An  acquaintance  with  the  history  of  European  Canals,  with 
the  cost  of  their  construction,  their  location,  their  annual  ton- 
nage, and  the  revenues  which  they  afford,  cannot  fail  to  satisfy 
every  unprejudiced  mind,  that  in  a  pecuniary  point  of  view,  the 
amount  which  the  contemplated  canals  will  cost,  could  not  in  any 
other  way  be  so  profitably  invested.    Few  of  the  Canals  of  Eu- 
rope extend  their  benefits  beyond  the  immediate  vicinity  of  their 
works.    But  an  inspection  of  the  map  of  this  state  will  shew,  that 
ten  times  as  much  territory  beyond  its  northern  termination  will 
be  benefitted  by  the  Champlain  Canal,  as  exists  along  its  line  ; 
and  with  respect  to  the  Erie  Canal,  when  it  has  traversed  the 
most  productive  parts  of  this  state,  to  its  western  termination  at 
Buffalo,  embracing  w  ithin  its  scope  exhaustless  mines  of  gypsum 
I  and  perennial  fountains  of  salt,  the  boundless  theatre  of  its  use- 
fulness is  but  barely  commenced.    Is  it  possible,  then,  that  the 
accomplishment  of  these  works  can  fail  to  yield  to  the  state  a  rich 
pecuniary  reward,  as  well  as  the  more  honorable  testimonials  of 
public  gratitude,  perpetuated  to  the  latest  generations  in  the 
plaudits  of  a  countless  posterity. 

DE  WITT  CLINTON, 
S.  VAN  RENSSELAER, 
SAMUEL  YOUNG, 
MYRON  HOLLEY. 

\     Albany,  31  st  January,  1 8 IS. 


382 


CANAL  LAWS,  fee* 


1818.        [The  appendices  A.  B.  C.  D.  E.  F.  G.  H.  referred  to  in  the 

k  v  '  Report  are  omitted,  as  not  necessary  to  the  present  work.  The 

names  of  the  Contractors  set  forth  in  the  "  Schedule  of  Canal 
Contracts,"  were,  Adams,  Seton  &  Adams,  J.  Seymour,  Selden 
&  Edgerlon,  J.  Brainard,  M.  H.  Fairservice,  D.  S.  Parke,  P. 
Lyon,  J.  Hathaway,  J.  Colbom,  J.  Richardson,  J.  Burrows,  J. 
&;  A.  Waggoner,  M.  Hall,  Parker  h  Collins,  E.  Hovey,  J.  Lynch, 
Barber,  Wooley,  Joslin  &  Hammond,  Ackley  &  Hibbard,  E. 
Chapin,  Chapin  &  Brayton,  Collins  &t  Cook,  Hutchinson  & 
Harger,  H.  &  C.  Adams,  J.  Miller,  Mosely,  Dexter  &  Pease,  J. 
Hunt,  Walcott  &t  Mann,  Donaldson,  Cull  &t  Wright,  Beckwith  & 
Slayton,  N.  Hempsted,  A.  Woolworth,  Comstock  &  Miller,  A. 
Van  Camp,  S.  W.  Bond,  S.  Holliday,  D.  Eggleston,  W.  Colton, 
Z.  Douglass,  Adams,  Bailey  &  Edwards,  J.  Olcott,  A.  Fuller, 
W.  Abercrombie,  J.  Chapman,  M.  Harris,  Griswold,  Bangs  & 
Sage,  R.  Noble,  Gay  &  Wilcox,  Hall  &  Brown,  N.  Woolaver, 
Teall  &  Bangs,  E.  S.  Cadwell,  Olcott  &  Leonard,  E.  Gumaer, 
Jun.  S.  Bronson,  R.  Parsons,  J.  Ingell,  Vrooman  &  Hempsted, 
N.  &  G.  Raymond,  J.  Landon  &  G.  Seton.  These  contracted 
for  58  miles  87  chains  and  33  links  of  the  Erie  Canal,  and  Wheel- 
er  &  Smith  for  5  miles  of  the  Champlain  Canal.  The  following 
persons  contracted  for  the  making  of  bridges,  abutments,  aque- 
ducts, &c.  viz  :  Pease  h  Dexter,  J.  Dodge,  J.  Multer,  M.  H. 
Fairservice,  J.  Yale,  Cunningham,  Squier  &  Matthews,  H.  Burr, 
J.  Brainerd,  B.  Watson,  M.  Vrooman,  N.  Towar,  M.  Tallcott, 
S.  H.  &  O.  Butler,  A.  Hamlin,  Carr  &  Raymond,  A.  C.  Hoar, 
Story,  Rice  h  Simpson,  T.  Newell,  Blackstone  &  Mason,  E. 
Sweeting.] 

XXII. 

Legislative  Proceedings  in  1818. 

Answer  to  On  the  5th  of  February,  the  senate  agreed  upon  their  answer, 
^senate!cb  reported  by  Mr.  Ross,  from  the  committee  appointed  for  the  pur- 
pose, to  the  Governor's  speech.  With  respect  to  canals,  &ic.  the 
answer  says,  "  The  Senate  duly  appreciate  the  importance  of 
"  the  internal  trade  of  the  country,  as  relates  to  agriculture, 
"  manufactures  and  commerce,  and  the  necessity  of  easy  and 
"  rapid  communications  by  water-coursess  roads  and  canals. 


CANAL  LAWS,  tvt 


3^0 


*♦  These  subjects  will  accordingly  engage  the  deliberate  atlen-  1818. 

"  tion  of  the  senate."    The  assembly,  on  the  10th,  agreed  upon  '  sr- 

their  answer,  reported  by  Mr.  C.  D.  Colden,  from  the  committee 
appointed  for  the  purpose.  (In  committee  of  the  whole,  on  the 
6th,  amendments  were  proposed  by  Mr.  Meigs,  and  a  substitute 
by  Mr.  Williams.)  On  the  part  relating  to  the  canal,  a  division 
of  the  question  was  called  for  by  Mr.  Root.  On  the  question  of 
adopting  it,  there  were  66  ayes  and  38  noes. 


For  the  affirmative* 


Mr.  Babcock, 

Mr.  Kirkland, 

Mr.  Barlow, 

Air.  Lawrence, 

Mr.  Bay, 

Mr.  M'Call, 

Mr.  Belding, 

Mr.  M'Garragh, 

Mr.  Belknap, 

Air.  M'Lean, 

Mr.  Brayton, 

Mr.  Matteson, 

Mr.  Bronk, 

Air.  Munroe, 

Mr.  Bush, 

Mr.  Moore, 

Mr.  Case, 

Air.  AIorri>, 

Mr.  Colden, 

Air.  Mullenei. 

Mr.  Crittendon. 

Air.  Nye, 

Mr.  Davis, 

Air.  Phelps, 

Air.  Duer, 

Mr.  Powell, 

Mr.  Earll, 

Air.  Randall, 

Mr.  Fenton, 

Mr.  Requa, 

Mr.  Ferris, 

Air.  Rosecrants, 

Mr.  Fleming, 

Air.  James  Sackotr. 

Mr.  Fosdick, 

Air.  ScherTnerhorn. 

Mr.  Gibson, 

Air.  Selby, 

Mr.  Greenley, 

Mr.  J.  Smith, 

Mr.  Groesbeeck, 

Air.  Southerlaiul. 

Mr.  Hackley, 

Mr.  Strong, 

Mr.  Hart, 

Air.  Tabor, 

Mr.  Hathewa\ . 

Mr.  Throop, 

Mr.  Hilton, 

Air.  Turner, 

Mr.  Hoflhagle, 

Mr.  Van  Cleef, 

Air.  Hoyt, 

Air.  Van  Fossen, 

Mr.  Howell, 

Mr.  Waite, 

Mr.  Huntington. 

Mr.  Webb, 

Mr.  Isaacs. 

Mr.  WelK 

384 


CANAL  LAWS,  &c. 


1818. 


Mr.  Jackson, 

Mr.  Wheeler, 

Mr.  Judson, 

Mr.  Williams, 

Mr.  Kelloffff, 

Mr.  Woodruff,  66 

For  the 

Negatke. 

Mr.  Barker, 

Mr.  Mann. 

Mr.  Beach, 

Mr.  Meigs, 

Mr.  Bouck, 

Mr.  Morss, 

Mr.  Cameron, 

Mr.  Oakley, 

Mr.  Carman, 

Mr.  Orvis, 

Mr.  Cole, 

Mr.  Osborn, 

Mr.  Corson, 

Mr.  Pierson, 

Mr.  Crolius, 

Mr.  Pray, 

Mr.  Edwards, 

Mr.  Root, 

Mr.  Ellsworth, 

Mr.  Jehiel  Sackett, 

Mr.  Harper, 

Mr.  Sharp, 

Mr.  Havens, 

Mr.  S.  Smith, 

Mr.  Heeney, 

Mr.  Staples, 

Mr.  Hunter, 

Mr.  Stimpson. 

Mr.  Johnston, 

Mr.  Tooker, 

Mr,  Jones, 

Mr.  Tripp, 

Mr.  Kissam, 

Mr.  Tyler, 

Mr.  Livingston, 

Mr.  Ulshoefler, 

Mr.  Lynde, 

Mr.  Vedder,  38 

Answer  of  the    The  part  of  the  answer  of  the  assembly  adopted  on  the  dh 
assembly.      gjon  an(j  rejatmg  t0  canals  is  as  follows  :  "  The  advantages  which 

"  must  result,  not  only  to  this  state,  but  to  the  world,  from  the 
81  completion  of  the  contemplated  communications  between  the 
H  inland  seas  on  our  borders,  and  the  Atlantic  ocean,  is  so  mani- 
"  fest,  that  we  cannot  but  express  the  great  satisfaction  with 
"  which  we  learn  from  your  excellency,  that  they  have  been 
M  auspiciously  commenced,  and  are  in  successful  progress.  This 
"  satisfaction  is  greatly  encreased  by  the  information  you  have 
"  given  us,  that  this  stupendous  work  may  be  performed  at  an 
"  expense  not  exceeding  in  the  aggregate,  the  estimates  of  the 
"  commissioners,  and  that  our  resources  are  fully  adequate  to 
"  them,  without  extraneous  aid.  We  believe,  that  no  part  of  the 
* 1  world  affords  so  many  natural  advantages  for  the  execution  of  such 
Jc  an  undertaking.    Inexhaustible  reservoirs  lying  above  the  level 


i  AVAL  LAW  S,  &£. 


660 


u  ot  the  canal  in  every  part  ofits  course  ;  a  country  not  inter-  1818. 

"  cepted  by  ridges  or  mountains  which  commonly  separate  the  v  sf— 

"heads  of  water  courses,  are  in  themselves  advantages  that  no 
u  work  of  the  same  kind  has,  as  we  believe,  ever  before  enjoyed. 
"  The  great  causes  of  expense  in  the  execution  of  similar  projects 
J  have  been  the  necessity  of  passing  near  the  summits,  on  which 
"  were  situated  the  mountains  which  supply  the  water  and  the 
H  works  on  that  account  necessary  to  encourage  the  use  of  that 
"  element — There  is  reason  to  believe  that  the  disposition,  ingenu- 
"  ity,  industry,  and  strength  of  our  countrymen,  will  enable  us  to 
"  do  more  work  of  this  kind,  than  has  been  done  elsewhere  for 
f  the  same  money,  notwithstanding  the  price  of  labor  is  proba- 
"  bly  greater  here  than  has  been  paid  to  those,  who  have  execu- 
"  ted  similar  enterprizes. 

"  The  effects  of  opening  these  communications,  can,  as  yet,  be 
f  but  indistinctly  seen  in  their  extent.    They  will  reach  every 
"  member  of  the  community.    They  must  be  felt  by  every  citi- 
zen of  the  United  States:  and  indeed  so  important  an  altera- 
'  tion  in  the  natural  disposition  of  the  lands  and  waters  of  the 
;  earth  cannot  but  have  an  influence  on  the  condition  of  mankind. 
"  It  will  afford  the  means  of  easy  intercourse  with  an  internal 
f  sea  coast  connected  with  immeasurable  tracts  of  fruitful  soil 
I  not  inferior  in  extent  to  the  shores  of  the  Mediterranean.  When 
"  these  works  are  accomplished  a  water  communication  between 
the  lakes  and  the  Mississippi  and  her  40  or  50,000  miles  of 
navigable  streams  may  be  made  without  difficulty  and  at  in- 
considerable expense.    The  commerce  of  an  immense  space 
will  be  led  to  the  Hudson.    If  this  should  be  the  result  of  the 
great  enterprise  in  which  we  are  engaged,  New-York  will  have 
advantages  infinitely  greater  than  any  city  has  ever  had,  and 
she  must  forever  enjoy  them  without  a  rival.    The  commerce 
of  the  Mediterranean  is  the  support  of  many  great  commercial 
cities,  but  New-York  will  stand  alone  at  the  entrance  of  tin  - 
extensive  channel,  and  must  be  a  greater  emporium  than  ever 
called  herself  the  mistress  of  commerce. 

"  Besides  the  advantages  which  your  excellency  has  enumera- 
ted, and  which  it  is  so  obvious,  will  be  the  result  of  the  accom- 
plishment of  this  stupendous  work,  there  is  certainly  a  national 
glory  connected  with  the  enterprize,  calculated  to  excite  the 
pride  of  every  patriot.  When  we  consider  that  every  portion 
of  the  nation  will  feel  the  animating  spirit  and  vivifying  infill- 

19 


386 


CANAL  LAWS,  fcc. 


1818.  "  ence  of  these  great  works,  that  they  will  receive  the  benedic- 
"  *  ■  "  tions  of  posterity,  and  command  the  approbation  of  the  civilized 
"  world,  we  are  required  to  persevere,  so  far  as  a  prudent  re- 
"  gard  to  the  resources  of  the  state  will  permit,  by  every  con- 
"  sideration  which  ought  to  influence  the  consciences,  and  go- 
"  vern  the  conduct  of  a  free,  enlightened,  and  magnanimous 
u  people." 

On  the  1  st  of  April  the  assembly,  in  committee  of  the  whole, 
had  under  discussion  the  bill  "  to  improve  the  funds  and  provide 
"  for  the  redemption  of  the  funded  debt  of  this  state,"  and  Mr. 
Root  moved  the  following  section  to  the  bill : 

"  And  be  it  further  enacted,  That  the  powers  of  the  commis- 
"  sioners  of  the  canal  fund  to  borrow  money  on  the  credit  of 
"  the  people  of  this  state,  shall  be  and  the  same  are  hereby  sus- 
41  pended,  till  the  whole  of  the  stock  debt  to  be  created  by  virtue 
"  of  this  act  shall  be  redeemed."  The  motion  was  lost,  nays  75,. 
ayes,  21. 


Division.  Mr.  Beach, 

Mr.  Corson, 
Mr.  Crolius, 
Mr.  Edwards, 
Mr.  Ellsworth, 
Mr.  Fenton, 
Mr.  Gurnee, 
Mr.  Harpur, 
Mr.  Heeney, 
Mr.  Livingston, 
Mr.  Lynde, 


Affirmative* 

Mr.  Lyker, 
Mr.  Mann, 
Mr.  Meigs, 
Mr.  Miller, 
Mr.  Morss, 
Mr.  Osborn, 
Mr.  Pierson, 
Mr.  Root, 
Mr.  Tooker. 
Mr.  Tyler, 


For  the  Negative* 


Mr.  Babcock, 

Mr.  Barber, 

Mr.  Barstow, 

Mr.  Belding, 

Mr.  Belknap, 

Mr.  Bouck, 

Mr.  Br  ay  ton. 

Mr.  Bronk, 

Mr.  Bush, 

Mr.  Carman- 


Mr.  Moore, 
Mr.  Morris, 
Mr.  Mulliner, 
Mr.  Nye, 
Mr.  Oakley, 
Mr.  Patterson, 
Mr.  Phelps, 
Mr.  Powell, 
Mr.  Randall, 
Mr.  Requa. 


CANAL  LAWS,  fee. 


387 


Mr.  Case, 
Mr.  Clark,  2d, 
.Air.  Colden, 
Mr.  Crittendon. 
Mr.  Duer, 
Mr.  Earll, 
Mr.  Ferris. 
Mr.  Fosdick, 
Mr.  Greenly, 
Mr.  Groesbeeck, 
Mr.  Hart, 
Mr.  Hathaway, 
Mr.  Hilton, 
Mr.  Hofihagle, 
Mr.  Hoyt, 
Mr.  Howell, 
Mr.  Huntington. 
Mr.  Isaacs, 
Mr.  Jackson, 
Mr.  Johnson, 
Mr.  Judson, 
Mr.  Kellogg, 
Mr.  Kirkland, 
31r.  Lawrence, 
Mr.  M'Call, 
Mr.  M'Garragh, 
Mr.  M'Lean, 
Air.  Matteson, 


Mr. 
Mr. 

Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Air. 
Mr. 
Mr. 
Mr. 
Air. 
Air. 
Mr. 
Air. 
Air. 
Mr. 
Mr. 
Mr. 
Mr. 
Mr. 
Air. 


Rosecrauts, 

James  Sackett. 

Jehial  Sackett. 

Sargent, 

Schermerhonu 

Selby, 

Sharpe, 

Shew, 

M.  Smith, 

S.  Smith, 

J.  Smith, 

Southerland, 

Speaker, 

Staples, 

Stimpson. 

Taber, 

Throop. 

Tripp, 

Turner, 

Ulslioefier, 

Van  Cleef, 

Van  Vleck. 

Vrooman, 

Waite, 

Wheeler, 

Williams, 

Woodruff, 


1318. 


XXIII. 


Extracts  from  the  "  act  for  incorporating  the  Chitteningo  canal 
company"  passed  March  0,  1818. 

XL  And  be  it  farther  enacted,  That  the  legislature  may  dis-  Compaor  to 
solve  the  said  corporation  when  the  income  arising  from  the  said 
toll  shall  have  fully  compensated  the  said  corporation  for  all  mo- 
nies they  may  have  expended  in  making,  repairing  and  taking 
care  of  the  said  canal,  together  with  an  interest  of  fourteen 
per  cent,  per  annum,  and  thereupon  the  right,  interest  and 
property  of  the  said  canal  shall  be  vested  in  the  people  of  this 
state. 

XJL  And  he  it  further  enactedy  That  unless  the  said  president  <J«d  »o  be 
and  directors  shall  complete  the  said  canal  within  live  years  alter  ytu». 


f  ANAL  LAWS,>c. 


1S18.    the  middle  section  of  the  great  western  canal  is  finished,  the  pow- 
v      '  ers,  rights  and  privileges  hereby  granted  shall  cease,  and  the 
said  corporation  shall  be  dissolved. 

fere°Uthntthe  XIIL  And  be  if  further  enacted,  That  the  said  canal  shall  not 
great  canal,  be  so  constructed  as  to  prevent  the  commissioners  of  the  great 
western  canal  from  taking  and  using  the  waters  of  the  Chitte- 
ningo  creek  aforesaid,  or  any  part  thereof,  to  supply  the  said 
great  canal :  And  further,  that  the  said  commissioners  of  the 
great  canal  shall  have  liberty  at  any  time,  when  they  may  deem 
it  necessary  for  the  use  of  said  great  canal,  to  conduct  the  waters 
of  said  creek  in,  along  and  through  the  canal  and  locks  to  be 
erected  by  virtue  of  this  act  into  the  said  great  canal. 
Outlet  from     XV.  And  be  it  further  enacted,  That  the  said  president  and 

the  creek  to  be  f   .  t  ,1  . 

kept  in  repair,  directors  shall,  at  their  own  expense,  construct  and  at  all  times 
keep  in  repair,  at  the  place  where  they  first  take  the  waters  of 
said  creek  for  the  use  of  their  canal,  good  and  sufficient  means 
of  preventing  any  such  quantity  of  water  from  entering  the  same 
as  might  in  any  way  prove  injurious  to  the  great  western  canal, 
and  they  shall  excavate  and  constantly  keep  in  repair  at  the  place 
where  their  canal  connects  with  the  great  western  canal,  a  basin 
of  such  dimensions  as  to  admit  any  boats  used  in  either  of  the 
said  canals  to  turn  around  conveniently  without  encroaching  at 
all  on  the  great  western  canal. 
Certificate.  XVI.  And  be  it  further  enacted,  That  before  it  shall  be  lawful 
for  the  said  president  and  directors  to  demand  and  receive  any 
toll  as  aforesaid,  they  shall  obtain  a  certificate  from  the  canal 
commissioners  that  all  the  requisitions  except  those  relating  to 
repairs  of  the  next  preceding  section  of  this  act,  are  complied  with. 


# 

An  act  relative  to  the  Harbor  of  Buffalo  creek,  in  the  county  of 

Niagara. 

Passed  April  10,  1818. 
Be  it  enacted  by  the  People  of  the  state  of  New- York,  repre- 
sented in  Senate  and  Assembly,  That  the  person  administering 
the  government  of  this  state,  be  and  he  is  hereby  authorized  to 
appoint  some  fit  and  proper  person,  whose  duty  it  shall  be  to 
examine  the  outlet  of  Buffalo  creek,  and  cause  a  survey  and  plan 
to  be  made  of  such  improvement  as  he  may  think  fit  and  proper 


CANAL  LAWS,  &c.  389 

for  the  improvement  of  the  said  outlet,  so  as  to  form  u  sate  and  1818. 

commodious  harbor  for  vessels  navigating  Lake  Erie,  together  v  v  f 

with  an  estimate  of  the  probable  expense,  and  that  he  report  the 
same  to  the  next  legislature  ;  for  which  services  he  shall  be  paid 
three  dollars  per  day  for  each  and  ever}  day  necessarily  employ- 
ed in  the  same ;  and  the  supervisors  of  the  county  of  Niagara 
are  hereby  authorised  and  required  to  audit  and  allow  the  same, 
and  cause  it  to  be  levied,  collected  and  paid  as  the  other  contin- 
gent expenses  of  the  county  are  levied,  collected  and  paid. 


I  AN  ACT  to  improve  the  funds  and  to  provide  for  the  redemption 
of  the  funded  debt  of  this  state. 

Passed  April  21,  1818. 
|    I.  Be  it  enacted  by  the  people  of  the  state  of  New-York,  repre- 
sented in  senate  and  assembly,   That  it  shall  be  the  duty  of  the  SfTSSSj's*0 
comptroller  of  this  state,  with  the  consent  and  approbation  of  the  JfSieU^slaS 
person  administering  the  government  thereof,  to  sell  and  transfer  j^^/PP1^ 
the  three  per  cent,  stock  of  the  funded  debt  of  the  Lmited  States, 
owned  by  the  people  of  this  state,  and  to  apply  the  proceeds  to 
the  reduction  of  the  funded  debt  of  this  state,  bearing  seven  per 
cent,  interest. 

II.  And  be  it  further  enacted,   That  it  shall  be  lawful  for  the,  To  borrow 

J  9  1,000  000  dol- 

' comptroller  to  borrow  on  the  credit  of  this  state,  a  sum  or  sumsiars  at  6  per 
not  exceeding  in  the  whole  one  million  of  dollars,  at  a  rate  of  in- 
terest not  exceeding  six  per  centum  per  annum,  payable  quarter 
yearly,  and  for  this  purpose,  at  his  discretion,  to  open  subscrip-  Toopensub- 
tions  for  said  loan,  or  to  receive  sealed  proposals  therefor,  or  for  SS'foS'or  rc- 
any  part  thereof,  giving  due  notice  of  such  subscriptions  being  p^JJj^ 
opened,  or  of  proposals  to  be  received,  in  at  least  three  of  the 
public  newspapers  published  in  the  city  of  New-York,  and  in  at 
least  one  of  those  published  in  the  city  of  Albany  ;  and  the  sub- 
scriptions, offers,  or  proposals  of  holders  of  the  present  funded  Certain  hold- 
debt  of  the  state,  shall  have  a  preference  over  the  subscriptions  or  nave°  prefcr- t0 
proposals  of  others,  to  the  extent  of  the  sums  now  held  by  them  cac0' 
of  state  stocks,  by  this  act  proposed  to  be  paid  :  Provided,  That 
nothing  herein  contained  shall  be  construed  to  give  them  a  pre- 
ference over  the  subscriptions  or  proposals  of  others,  which  may 
be  more  advantageous  to  the  state,  and  with  the  monies  so  loan- 
ed, and  the  unappropriated  monies  which  maybe  in  the  treasury, 
the  comptroller  shall  discharge  the  residue  of  the  funded  debt  of 
this  state. 


Proviso. 


390 


CANAL  LAWS,  &e. 


1818.  ill.  Jlndbeit  further  enacted,  That  the  person  administering 
*"  v      ■  the  government  of  this  state,  be  and  he  is  hereby  authorised  to 

Gov.  to  ap-  .  .  . 

point  a  cashier  appoint  the  cashier  of  one  of  the  banks  in  the  city  of  New-York, 
YorkTo*  is  ue  whose  duty  it  shall  be  under  his  hand  and  an  appropriate  seal, 
stock.0315  °l  t0  *ssue  cert^icates  of  stock  to  the  subscribers  or  contractors  for 
said  loan,  for  the  amounts  to  which  they  shall  be  respectively  en- 
Deciared    titled  :  and  the  said  stock  shall  be  transferable  only  at  the  office 

transferable. 

of  the  person  so  to  be  appointed,  agreeably  to  the  rules  which 
Substance  of  mav  De  prescribed  bv  the  comptroller  :  and  such  certificates  shall 

certificates.  . 

purport  in  substance  as  follows  ;  that  the  people  of  the  state  of 
New-York,  owe  to  the  person  or  body  corporate  to  be  named 
therein,  the  sum  therein  expressed,  bearing  an  interest  at  the  rate 
of  six  per  centum  per  annum,  payable  quarter  yearly,  on  the  first 
days  of  the  months  of  January,  April,  July  and  October,  and  the 
deemable  until  principal  to  be  irredeemable  until  the  first  day  of  January,  in  the 
1823.  vear  one  thousand  eight  hundred  and  twenty-three  ;  and  it  shall 

also  be  the  duty  of  the  persons  to  be  appointed,  to  enter  in  pro- 
per books  to  be  provided  for  the  purpose,  credits  to  the  respec- 
tive holders  of  stock,  for  the  sums  to  which  they  will  be  respec- 
tive^ entitled,  to  transfer  the  said  credits  or  any  part  thereof, 
from  time  to  time  as  shall  be  requisite,  and  to  furnish  such  bank 
in  the  city  of  New-York  quarter  yearly,  at  least  three  days  before 
List  of  stock-  the  said  first  days  of  January,  April,  July  and  October,  with  a  list 
holders.        Gf  the  stockholders  resident  in  the  southern  district  of  this  state, 
and  out  of  the  state,  shewing  the  sums  which  they  may  respec- 
tively be  entitled  to  receive  on  the  said  first  days  of  January, 
April,  July  and  October,  for  interest,  and  to  furnish  the  comp- 
troller a  like  list  of  the  stockholders  resident  in  the  middle,  eas- 
tern and  western  districts  of  this  state,  shewing  the  sums  that  they 
may  be  respectively  entitled  to  for  interest,  and  no  transfers  shall 
be  made  during  the  last  fourteen  days  of  each  quarter, 
interest  on  the     IV.  And  be  it  further  enacted,  That  the  interest  on  the  said 
stock  how  pay-  stocj^         ^e        tQ  ^  stockholders  respectively,  in  the  man- 
ner in  which  the  same  hath  heretofore  been  paid,  under  the  act 
entitled  "  an  act  to  create  a  public  and  transferable  stock,  and  to 
lay  and  collect  additional  taxes  for  the  use  of  this  state." 
Banks  may      V.  And  be  it  further  enacted,   That  it  shall  be  lawful  for  any 
!tork.  bank  within  this  state,  to  subscribe  to  the  loan  directed  to  be  open- 

ed as  aforesaid,  and  from  time  to  time  to  sell  and  dispose  of  any 
stock  created  in  pursuance  of  this  act,  and  held  by  such  bank. 


CANAL  LAWS,  fcc. 


any  clause,  matter  or  thing  in  the  act  incorporating  the  same  not-  1817. 
withstanding.  v — -~v  1 

VI.  And  be  it  further  enacted,   That  at  any  time  within  five  .  T,hc  9tate  Wl11 

»  J  in  five  years  at- 

years  after  the  said  first  day  of  January,  in  the  year  one  thous-ter  1823,  and 
and  eight  hundred  and  twenty-three,  this  state  will  upon  the  re-  any  ttockhold- 
quest  of  the  holder  of  any  stock  created  pursuant  to  this  act,  re-  stoJk^61"  h'S 
deem  the  same,  and  that  the  whole  of  the  said  stock  shall  at  all 
events  be  redeemed  at  the  expiration  of  the  said  five  years. 

VII.  And  be  it  further  enacted,  That  in  case  the  present  stock  £  ,a*,of  °ny 

J  '  1  mill  on  the  del - 

debt  of  this  state  shall  be  discharged  as  contemplated  by  this  lar,  when  and 

r  »n  1111         e*    1  1        •  r     1     how  to  be  rais- 

act,  a  tax  ot  one  mill  upon  each  dollar  of  the  valuation  ol  thced. 
real  and  personal  estates  within  this  state,  shall  be  annually,  for 
two  years,  raised,  levied  and  collected  in  the  manner  directed  in 
and  by  the  act,  entitled  "  an  act  authorizing  the  levying  and  col- 
lecting an  annual  tax  for  two  years,  for  the  use  of  this  state, 
and  to  amend  the  act  for  the  assessment  and  collection  of  taxes," 
passed  the  24th  October,  1814. 

VIII.  Andbe  it  further  enacted,  That  the  time  for  the  payment  Timed  pay- 
of  the  debt  due  from  the  bank  of  New-York  to  this  state,  be  and  gf£  jgj 
the  same  is  hereby  extended  to  the  said  first  day  of  January,  in  vewhYork  \\ 
the  year  one  thousand  eight  hundred  and  twenty-three,  upon  tended, 
condition  that  the  interest  shall  be  regularly  paid  thereon,  quar- 
ter yearly,  and  the  balance  which  may  then  be  due  from  the  said  how  Mwropri- 
bank,  or  so  much  thereof  as  may  be  necessary,  together  with  fourated' 
hundred  thousand  acres  of  the  unappropriated  lands  of  this  state, 

are  hereby  appropriated  and  pledged  for  the  redemption  of  th<' 
principal  of  the  stock  created  by  this  act :  Provided  nevertheless,  pr0vi?o. 
that  the  state  reserve  to  itself  the  right  of  providing  other  ade- 
quate funds  in  lieu  of  those  hereby  pledged. 

IX.  And  be  it  furthtr  enacted,  That  it  shall  be  the  duty  of  the    Comptralfc  i 
comptroller,  from  time  to  time,  whenever  there  shall  be  any  un-  ["rnpnated'  31 
appropriated  money  in  the  treasury,  to  apply  the  same  to  the  "J^^.^"^ 
purchase  of  the  stock,  created  pursuant  to  this  act,  if  the  same  can&c- 

be  had  at  or  below  the  par  or  nominal  value,  and  if  not,  then  to 
apply  such  money  to  the  reduction  of  the  debt  due  to  the  bank  of 
New-York. 

X.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  LTodi*h?E 

J  1  J  the  stock  debt 

comptroller  of  this  state,  from  time  to  time,  after  the  said  first  within  a  cer- 
,  .  ,.11111 tain  por»°{'- 

day  of  January,  in  the  year  one  thousand  eight  hundred  and 

twenty-three,  with  the  funds  provided  for  the  purpose,  and 

with  any  unappropriated  monip-  which  may  ho  in  the  treasu- 


392 


CANAL  LAWS,  &c. 


1818.    ry,  to  discharge  the  stock  debt  which  may  be  created  pursuant 
v^-v^w/  to  this  act,  as  soon  as  practicable. 
iJKSrtS     XI.  And  be  it  further  enacted,  That  the  comptroller  be  and 
tionarv,  how  he  is  hereby  authorized  to  draw  his  warrants  on  the  treasurer,  for 

paid  ior.  •* 

the  payment  of  the  expense  of  the  certificates  of  stock,  to  be 
issued  pursuant  to  this  act,  and  for  the  expense  of  necessary  books 
and  stationary,  to  be  used  for  the  transfer  of  state  stocks. 
Certain  pow-     xil.  And  be  it  further  enacted,  That  the  powers  and  duties  of 

rtrs  and  duties  *>  r 

of  the  person  the  person  to  be  appointed  as  aforesaid,  for  issuing  certificates  of 
stock  extended  stock,  and  for  attending  to  and  keeping  the  accounts  of  the 
Apr!n5,Ci8i7.  transfers  thereof,  shall  also  extend  to  the  stock  created  or  to  be 
created  pursuant  to  the  act,  entitled  "  an  act  respecting  naviga- 
ble communications  between  the  great  western  and  northern  lakes 
and  the  Atlantic  ocean,"  passed  the  15th  April,  1817. 
mmsaXon°ftheW°     XIII.  And  be  it  further  enacted,  That  in  case  the  present  stock 
dollar  when  to  debt  of  this  state  shall  be  discharged  as  contemplated  by  this 
act,  that  the  tax  of  two  mills  on  the  dollar  of  the  valuations  of 
the  real  and  personal  estates  within  this  state,  directed  to  be  an- 
nually raised  in  and  by  the  act,  entitled  "  an  act  to  create  a  pub- 
lic and  transferable  stock,  and  to  lay  and  collect  additional 
taxes  for  the  use  of  this  state,"  shall  cease  and  be  discontinued. 
a  list  of       XIV.  And  be  it  further  enacted,  That  the  person  so  as  aforesaid 
be  furnished  to  be  appointed  to  issue  certificates  of  stock,  shall  annually  on  the 
comptroller.  ^  January,  or  as  soon  thereafter  as  may  be,  transmit  by 

mail  to  the  comptroller  a  list  of  the  stockholders,  shewing  the 
sums  held  by  them  respectively  of  said  stock. 
Comptroller    XV.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  the 
bX^toekf0*  comptroller,  by  and  with  the  advice  of  the  governor,  from  time  to 
time  to  dispose  of  any  of  the  bank  stock  owned  by  the  people  of 
this  state,  and  with  the  proceeds  of  the  sales  thereof,  to  purchase 
the  stock  created  by  this  act,  or  to  apply  the  same  to  the  payment 
of  the  loans  obtained  from  the  bank  of  New-York,  in  the  same 
manner  that  he  is  directed  to  apply  the  surplus  or  unappropri- 
ated monies  in  the  treasury, 
may'  bf  made    XVL  And  be  {i  father  enacted,  That  if  any  bank  in  the  city 
in  such  bank0f  New- York  shall  make  the  loan  of  one  million  of  dollars  con- 

m  New-York 

as  may  loan  templated  by  this  act,  on  terms  which  shall  be  more  advantageous 
1,000.000  doi-     ;  i      .  ,      •    i      i    •     i  i  . 

lars  to  the     to  the  state  than  it  can  otherwise  be  obtained,  on  condition  that  a 

part  or  the  whole  of  the  treasury  deposits  collected  in  the  city  oi 

New-York  shall  be  transferred  to  such  bank,  it  shall  be  lawful 

for  the  comptroller,  with  the  advice  of  the  governor,  to  direct 

ihe  said  deposits  to  be  made  in  such  bpnfc. 


state. 


CANAL  LAWS,  kc. 


393 


XXIV. 


Extract  from  the  Governor's  Speech  to  the  Legislature  in  1S19. 

The  progress  of  our  internal  improvements  lias  equalled  our  (<overn6r 
most  sanguine  expectations.  In  the  course  of  the  next  season,  De  Witt  CHn- 
the  Northern  Canal,  extending  from  Whitehall,  at  the  head  of  Specch' 
Lake  Champlain,  to  Fort  Edward,  on  the  Hudson  river,  a  dis- 
tance of  twenty-three  miles,  and  the  whole  of  the  middle  sec- 
tion of  the  Western  Canal,  comprising  ninety-four  miles,  and 
reaching  from  the  Seneca  river  to  the  Mohawk  river,  at  Utica, 
will  be  completed  and  in  a  navigable  state.  Thus,  in  less  than 
two  and  a  half  years,  canals  to  the  extent  of  one  hundred  and 
seventeen  miles  will  be  perfected  :  and  as  the  eastern  and  west- 
cm  sections  of  the  canal  from  Lake  Erie  to  Hudson  river  will 
be  about  two  hundred  and  sixty  miles,  it  is  evident  that,  by  the 
application  of  similar  mean?,  and  the  exertion  of  similar  pow- 
ers, the  whole  of  this  internal  navigation  can  be  finished  in  six 
years  from  the  present  period,  including  also  the  improvements 
essential  on  Hudson  river,  from  Fort  Edward  to  the  head  of 
sloop  navigation.  It  is  satisfactory  also  to  know,  that  so  far  as 
we  can  judge  from  the  lights  of  experience,  the  actual  expenses 
have  not  exceeded  the  estimates  of  the  commissioners  :  and 
with  all  the  advantages  arising  from  increased  knowledge,  from 
improved  skill,  and  from  circumspect  experience,  we  are  firmly 
persuaded  that  the  aggregate  expense  will  fall  short  of  the  total 
estimate.  It  is  also  a  most  gratifying  consideration  to  find,  that 
from  the  progressive  and  flourishing  state  of  the  fund  appropria- 
ted to  this  object,  the  whole  undertaking  can  be  completed  with- 
out providing  any  auxiliary  resources,  and  without  imposing  any 
taxes  on  the  community.  From  the  commencement  of  the  next 
year,  the  finished  portions  of  the  canals  will  be  in  a  state  pro- 
ductive of  considerable  revenue. 

By  the  act  respecting  navigable  communications  between  the 
great  western  and  northern  lakes  and  the  Atlantic  ocean,  passed 
the  15th  April,  1817,  the  commissioners  are  only  empowered  to 
make  canals  between  the  Mohawk  and  Seneca  rivers,  and  be- 
tween Lake  Champlain  and  the  Hudson  river.  Possessing,  how- 
ever, under  that  act  and  the  act  to  provide  for  the  improvement 
3f  the  internal  navigation  of  the  state,  passed  the  17th  ApriL 
1816,  authority  to  make  the  necessary  surveys,  and  to  Iny  oul 


CANAL  LAWS,  fee. 


1819.    the  proper  routes  for  the  whole  of  the  Western  and  Northern  Ca- 
v      '  nals,  they  have  not  overlooked  the  latter,  although  their  attention 
has  been  principally  devoted  to  the  former  object.    By  that  in> 
atory  arrangement,  it  was  obviously  the  intention  of  the  legisla- 
ture to  bring  the  calculations  of  the  commissioners  to  the  touch- 
stone of  experiment,  and  to  determine  whether  the  resources  of 
the  state  are  inadequate  to  the  whole  operation.    This  trial  has 
taken  place  in  the  most  satisfactory  manner,  and  there  cannot  ex- 
ist a  doubt  of  the  feasibility  of  the  work  or  of  the  ability  ol*  the 
state.    It  is,  therefore,  highly  expedient  that  a  law  should  be 
passed,  during  the  present  session,  authorizing  the  completion  of 
the  whole  work  as  soon  as  possible.    In  the  course  of  this  year, 
the  routes  can  be  then  so  far  definitively  settled  as  to  enable  the 
formation  of  contracts  to  take  effect  in  the  spring  of  1S20,  by 
w  hich  means  a  whole  year  will  be  saved  to  the  operation,  and  the 
state  will  have  the  benefit  of  experienced  contractors,  who  might, 
under  a  different  state  of  things,  be  employed  in  other  underta- 
kings.   And,  when  we  contemplate  the  immense  benefits  which 
will  be  derived  from  the  consequent  promotion  of  agriculture, 
manufactures  and  commerce — from  the  aquisition  of  revenue — 
from  the  establishment  of  character,  and  from  the  consolidation 
of  the  federal  union,  we  must  feel  ourselves  impelled,  by  the  most 
commanding  motives,  to  proceed  in  our  honourable  career,  by 
perfecting  with  all  possible  expedition  this  inland  navigation. 
*      At  the  present  period,  a  ton  of  commodities  can  be  conveyed 
from  Buffalo  to  Albany,  by  land,  for  one  hundred  dollars,  and  to 
Montreal,  principally  by  water,  for  twenty-five.    Hence  it  is  ob- 
vious, that  the  whole  of  the  vast  region  to  the  west  of  that  flour- 
ishing village,  and  the  greater  part  of  the  extensive  and  fertile 
country  east  of  it,  are  prevented  from  sending  their  productions 
to  our  commercial  emporium,  and  that  they  must  either  resort  to 
the  precarious  markets  of  Canada,  or  to  places  more  distant, 
less  accessible,  or  less  advantageous.    When  the  great  western 
canal  is  finished,  the  expense  of  transportaion  from  Buffalo  to 
Albany  will  not  exceed  ten  dollars  a  ton.    Almost  the  whole  of 
the  ascending  trade  of  the  west  will  be  derived  from  the  city  of 
New-York,  and  a  great  portion  of  the  descending  products  will 
accumulate  in  that  important  depot.    If  half  a  million  of  tons 
are,  at  the  present  period,  transported  on  the  waters  of  the  Hud- 
son river,  it  is  reasonable  to  suppose  that  the  time  is  not  distant 
when  the  commodities  conveyed  on  the  canals  will  be  equal  in 


CANAL  LAWS,  lie:  8 

amount.    A  small  transit  duty  will  consequently  produce  an  im-  1810. 

mense  income,  applicable  to  the  speedy  extinguishment  of  thev  v — 

debt  contracted  for  the  canals,  and  to  the  prosecution  of  other  im- 
portant improvements.  In  these  works,  then,  we  behold  the  op- 
eration of  a  powerful  engine  of  finance,  and  of  a  prolific  source 
of  revenue.  • 

It  is  certainly  more  important  that  the  productive  classes  of 
society  should  have  good  markets  out  of  the  state,  than  that  they 
,should  be  exclusively  confined  to  indifferent  or  fluctuating  mar- 
kets in  it.  In  the  former  case,  wealth  is  diffused  over  the  whole 
country,  while  in  the  latter,  it  is  limited  to  a  few  great  towns. — 
A  wise  government  ought  to  encourage  communications  with 
those  places,  where  the  farmer  and  manufacturer  can  sell  at  the 
highest,  and  buy  at  the  lowest  price.  And,  as  the  acquisition  of 
many  markets  increases  the  chances  of  good  ones,  and  diminish- 
es, in  many  instances,  the  expenses  of  transportation,  and  guards 
against  the  pernicious  fluctuations  of  price,  I  look  forward  with 
pleasure  to  the  speedy  arrival  of  the  time,  when  the  state  will  be 
able  to  improve  the  navigation  of  the  Susquehannah,  the  Alle- 
gany, the  Genesee  and  the  St.  Lawrence — to  assist  in  connecting 
the  waters  of  the  great  lakes  and  of  the  Mississippi — to  form  a 
junction  between  the  western  canal  and  lake  Ontario,  by  the  Os- 
!*vego  river,  and  to  promote  the  laudable  intention  of  Pennsylva- 
nia to  unite  the  Seneca  lake  with  the  head-waters  of  the  Susque- 
jiannah. 

But  there  are  other  and  more  important  considerations  con- 
nected with  this  subject,  which  enter  into  the  very  essence  of  our 
liberty  and  prosperity.  The  gloomy  and  comfortless  doctrine, 
which  supposes  man  incapable  of  free  government,  necessarily  im- 
plies that  he  must  be  subject  to  a  bad  one,  because  it  presupposes 
his  utter  incompetence  to  govern  either  others  or  himself.  In  hered- 
itary and  elective  monarchies,  and  indeed  in  all  governments  not 
founded  on  the  broad  basis  of  equal  representation,  the  actual 
ruler  is  the  prime  minister  of  the  day,  elected  from  time  to  time, 
l)y  the  prince,  to  govern  the  country.  Whether  this  right  of 
choosing  be  vested  in  an  hereditary  elector,  or  in  an  elector  for 
life,  appointed  by  a  diet  or  a  conclave,  or  in  an  elector  chosen  by 
an  army  of  Janisaries,  it  is  clear  that  it  is  a  faint  recognition  of 
the  representative  principle,  transferred  from  the  body  of  the  peo- 
ple to  an  irresponsible  individual,  totally  unfit,  from  his  situation 
and  education,  to  exercise  it  with  patriotism  and  intelligence. — 


CANAL  LAWS,  &r. 


1819.  Who  then  can  doubt  the  superior  excellence  of  a  free  govern- 
— v  ^  rnent,  its  entire  accordance  with  the  dignity  of  man,  and  its  al- 
most exclusive  devotedness  to  his  happiness  ?  But  in  the  United 
States  our  liberty  and  otir  union  are  inseparably  connected. — i 
A  dismemberment  of  the  republic  into  separate  confederacies, 
would  necessarily  produce  the  jealous  circumspection  and  hos- 
tile preparations  of  bordering  states  :  large  standing  armies 
would  be  immediately  raised  ;  unceasing  and  vindictive  wars 
would  follow,  and  a  military  despotism  would  reign  triumphant 
on  the  ruins  of  civil  liberty.  A  dissolution  of  the  union  may, 
therefore,  be  considered  the  natural  death  of  our  free  government. 
And  to  avert  this  awful  calamity,  all  local  prejudices  and  geo- 
graphical distinctions  should  be  discarded,  the  people  should  be 
habituated  to  frequent  intercourse  and  beneficial  inter-communi- 
cation, and  the  whole  republic  ought  to  be  bound  together  by 
the  golden  ties  of  commerce  and  the  adamantine  chains  of  inter- 
est. When  the  western  canal  is  finished,  and  a  communication  is 
formed  between  lake  Michigan  and  the  Illinois  river,  or  between 
the  Ohio  and  the  waters  of  lake  Erie,  the  greater  part  of  the 
United  States  will  form  one  vast  island,  susceptible  of  circum- 
navigation to  the  extent  of  many  thousand  miles.  The  most  dis- 
tant parts  of  the  confederacy  will  then  be  in  a  state  of  approxi- 
mation, and  the  distinctions  of  Eastern  and  Western,  of  South- 
ern and  Northern  interests  will  be  entirely  prostrated.  To  be 
instrumental  in  producing  so  much  good,  by  increasing  the  stock 
of  human  happiness, — by  establishing  the  perpetuity  of  free 
government, — and,  by  extending  the  empire  of  improvement, 
of  knowledge,  of  refinement  and  of  religion,  is  an  ambi- 
tion worthy  of  a  free  people.  The  most  exalted  reputation  is 
that  which  arises  from  the  dispensation  of  happiness  to  our  fel- 
low creatures,  and  that  conduct  is  most  acceptable  to  God  which 
is  most  beneficial  to  man.  Character  is  as  important  to  states 
as  to  individuals,  and  the  glory  of  a  republic  founded  on  the 
promotion  of  the  general  good,  is  the  common  property  of  all 
it?  citizens. 


CANAL  LAWS,  fee. 


<397 


_  ,  1S19. 

Extracts  from  the  answer  of  the  Assembly  to  the  Governor's 

speech  in  1819. 

In  Assembly,  January  18,  1819. 

Mr.  J.  V.  N.  Yates,  from  the  committee  appointed  to  prepare 
answer  to  the  Governor's  speech,  reported  such  answer, 
om  which  the  two  following  paragraphs  are  extracts. 

c 


"  The  utility  and  importance  of  internal  improvements,  to  a 
ople  who  study  and  pursue  their  true  interests,  are  too  evident 


an 
ar 


to  be  controverted.  Tn  every  enlightened  country,  they  have  Governor's 
been  considered  as  inseparably  connected  with  its  freedom  and  3Pcech- 
prosperity.  Agriculture,  indeed,  in  a  country  like  our*  own, 
ranks  deservedly  high,  and  ought  to  receive  correspondent  en- 
couragement. But,  to  attain  tiiis  end,  it  is  evident,  that  every 
facility  should  be  given  to  the  farmer,  in  the  transportation  to 
market  and  the  sale  of  his  produce.  The  channels,  therefore, 
for  this  purpose,  should  be  numerous,  free,  and  unobstructed. 
Hence  roads,  turnpikes,  rivers  and  canals,  like  arteries  in  the 
human  body,  distribute  vitality  and  vigor,  and  impart  health 
and  animation,  to  the  whole  system. 

The  benefits  resulting  from  an  extended  inland  navigation, 
ccessfully  conducted,  are  incalculably  great.  Whether  they 
re  considered  in  a  moral,  political,  commercial  or  agricultural 
point  of  view,  they  are  alike  essential  to  our  national  character 
and  glory.  We  rejoice,  therefore,  to  learn,  that  those  great 
works,  begun  and  continued  under  the  most  favorable  auspices, 
promise  to  realise  our  warmest  expectations ;  and,  it  will  be  an 
object  of  the  first  importance,  to  hasten  their  complete  execution 
by  every  suitable  means  consistent  with  the  ability  of  the  state. 
It  is  certainly  most  satisfactory  to  be  assured  by  your  Excellen- 
cy, that  as  far  as  can  be  reasonably  ascertained,  the  completion 
of  the  contemplated  canals,  from  lake  Erie  to  the  Hudson  river, 
and  between  lake  Champlain  and  the  same  river,  including  the 
improvements  from  Fort  Edward  to  the  head  of  sloop  naviga- 
tion, will  require  no  additional  taxes  to  be  imposed  on  our  citi- 
zens ;  and,  that  the  expense  w  ill  not  exceed  the  estimates  hereto- 
fore made.  If,  indeed,  success  shall  attend  these  undertakings, 
(and  which  with  the  information  before  us  we  cannot  reasonably 
doubt,)  who  can  predict  the  advantages  which  will  be  derived 


(ANAL  LAWS,  &c. 


from  projects  so  bold  in  their  conception — so  extensive  in  their 
influence — so  beneficial  in  their  effects,  and  so  stupendous  in 
their  object !  Future  generations  may,  perhaps,  form  some  es- 
timate of  their  value,  and  prize  them  among  the  noblest  monu- 
ments of  human  skill  and  perseverance ;  and,  when  the  fugitive 
scenes  of  the  present  times  shall  have  long  since  perished  in  obli- 
vion, these  works  will  remain  to  declare  the  glory  of  our  coun- 
try, and  to  pronounce  the  best  eulogium  upon  the  memory  of 
their  founders  and  patrons." 

Extract  from  the  answer  of  the  Senaie  to  the  Governor's  speech, 

in  1819. 

In  Senate,  January  13,  1819. 
Mr.  Henry  Yates,  Jr.  from  the  committee  appointed  to  pre- 
pare an  answer  to  the  governor's  speech,  reported  such  answer, 
[the  following  are  extracts.] 
Answer  to       "  Fully  sensible  of  the  great  and  important  results  which  must 

Governor's  J  .     .  °  .  .    *  .. 

speech.  be  produced  by  cherishing  the  spirit  for  promoting  internal  im- 
provements, which  at  present  pervades  our  country,  they  feel  a 
peculiar  satisfaction  in  noticing  the  favourable  state  of  the  ope- 
rations on  the  northern  and  western  canals ;  and  whatever  pro- 
visions may  be  requisite  to  continue  this  great  and  important 
work,  shall  receive  their  earliest  attention. 

"Viewing  agricultural  improvements  as  of  primary  importance, 
the  Senate  will  not  fail  to  consider  that  subject  with  the  greatest 
solicitude.  The  subject  of  internal  improvement,  as  before  no- 
ticed, is  so  intimately  connected  with  the  prosperity  of  agricul- 
ture, that  the  consideration  of  the  one  necessarily  leads  to  re- 
flection on  the  other." 

XXV. 

In  Assembly,  January  25,  1819. 
A  communication  from  the  Canal  Commissioners,  was  read, 
in  the  words  following,  to  wit : 

To  the  Legislature  of  the  State  of  Kew-Yorlc. 

In  obedience  to  the  act,  entitled,  "  an  act  respecting  navigable 

Peport  of  Ca-  .         »  t.pc 

nai  commis-   communications  between  the  erreat  western  and  northern  ;afte* 


CANAL  LAWS,  &c.  399 


id  the  Atlantic  ocean,"  passed  April  15th,  1817,  the  Canal  1819. 
ommissioners  most  respectfully  report :  ^ 
In  relation  to  the  Erie  canal  : — 

That,  after  a  winter  of  unusual  severity,  followed  by  exces- 
sive rains  in  the  spring,  they  had  the  satisfaction  to  find,  when 
they  commenced  their  operations  for  the  last  season,  that  those 
parts  of  the  canal  line  which  had  been  finished,  or  nearly  so,  by 
* '  the  labors  of  the  preceding  year,  had  suffered  very  little  ;  so  that 
their  apprehensions  of  injury  to  the, banks  of  the  canal,  from 
the  breaking  up  of  winter,  under  the  most  unfavorable  circum- 
stances, are  considerably  diminished. 

Between  the  jftohawk  and  Seneca  rivers,  a  great  portion  of  Sfr:illi,j; 
I  the  canal  line  passes  through  swamps  and  marshes,  or  along  their  marsbes»  &c* 
southern  margin.    And  this  location,  though  it  will  eventually 
prove  of  great  importance,  in  reclaiming  large  tracts  of  the 
richest  bottom-lands,  by  intercepting  the  waters  which  have  here- 
f  tofore  inundated  them,  was  yet  attended  with  the  serious  disad- 
.  vantage,  last  spring,  of  enabling  the  weather  to  prevent  the  con- 
tractors from  prosecuting  their  work,  with  any  success,  to  a  late 
period.    Actuated  by  a  laudable  determination,  to  omit  no  means 
I  in  their  power,  of  a  punctual  compliance  with  their  engagements, 
several  of  the  contractors  had  continued  to  labor  on  their  jobs 
all  winter;  and  by  their  experience,  it  is  sufficiently  ascertained, 
I  that  in  deep  cuttings,  in  embankments,  and  where  the  ground  is 
I  constantly  watered  by  warm  springs,  or  so  covered  by  vegetable 
matter  as  to  protect  it,  in  a  great  measure,  from  freezing,  such 
labors  may  be  carried  on  profitably  during  the  coldest  months 
of  the  year.    From  motives  of  economy,  and  because  most  of  Road?, 
the  roads  by  which  the  route  of  the  canal  is  intersected,  between 
Utica  and  Salina,  are  nearly  impassable  in  the  summer  season, 
many  of  the  contractors  had  purchased,  in  advance,  large  stores 
of  subsistence  for  their  men  and  cattle,  and  transported  them  to 
the  proper  places  on  the  canal  line,  by  sleighing.    But  this  wise 
and  prudent  measure  wfas  rendered  almost  unavailing,  as  to  auv 
advance  of  the  work,  by  uncontrollable  events.    The  surface  of 
the  earth  was  beaten  and  drenched  by  heavy  and  frequent  rains, 
%om  the  melting  of  the  snow,  till  nearly  the  first  of  June.  Du- 
ring a  great  part  of  this  time,  the  stores  of  the  contractors  were  de- 
ceasing, and  their  expenses  were  accumulating,  while  their 
vork  was  at  a  stand.    The  effects  of  this  state  of  things  were 
■quail  y  detrimental  and  disheartening.    T>«t*.  with  fhr  com- 


400 


CANAL  LAWS,  he. 


Borne  Uvel 


1819.  mencement  of  the  summer,  the  weather  became  favorable,  and 
since  thet  period,  the  canal  business,  in  all  its  branches,  has  ad- 
vanced with  economy  and  rapidity. 

The  same  causes  which  obstructed  the  efforts  of  the  contrac- 
tors, retarded  those  of  the  engineers.  In  the  course  of  the  fall 
of  1817,  the  country  west  of  the  termination  of  the  Rome  level, 
had  been  examined  in  several  directions,  to  a  considerable  ex- 
tent, in  order  to  discover,  if  practicable,  some  means  of  obvi- 
ating the  great  expense  oi  the  Salina  embankments,  and  the  se- 
rious hazards,  as  well  as  much  greater  expense,  of  the  deep  cut- 
ting through  the  marl  meadow,  in  the  town  of  pamillus.  From 
these  examinations,  there  resulted  a  deep  impression  of  the  diffi- 
culties presented  at  these  places,  especially  at  the  latter.  When 
the  canal  line  was  run  though  the  marl  meadow,  in  1816,  the  sea- 
son had  been  uncommonly  dry ;  and,  though  a  deep  cutting, 
three  miles  in  length,  through  light,  soft  and  porous  materials, 
gradually  swelling  to  fifteen  feet  in  the  centre,  above  the  bottom 
of  the  canal,  could  never  be  regarded  without  solicitude  ;  the  ap- 
pearance of  this,  upon  every  subsequent  inspection,  has  been  more 
formidable  and  repulsive.  When  the  past  season,  however,  had 
so  far  advanced  as  to  admit  of  a  renewal  of  these  examinations, 
they  were  more  extensively  pursued,  and  at  length,  the  acting 
commissioner,  upon  whom  was  cast  the  responsibility  of  settling 
the  line  in  that  part  of  the  route,  in  full  accordance  with  the  con- 
viction of  the  engineer  of  the  middle  section,  and  his  assistants, 
determined,  that  two  alterations  from  the  line  of  1816,  were  ex- 
pedient. These  alterations  were  not  adopted,  without  a  careful 
ascertainment  and  collation  of  facts  and  circumstances,  which, 
upon  much  deliberation,  were  deemed  decisive  by  thera. 

The  first  of  the  alterations  consists  of  sinking  the  canal-line, 
Canal  line  across  the  Salina  plains,  six  feet  lower  than  had  been  at  first 
proposed.  This  alteration  requires  the  construction  of  an  addi- 
tional lock  of  six  feet  lift,  on  each  side  of  these  plains ;  but,  by 
affording  sufficient  excavation,  in  the  canal,  for  the  formation  of 
the  adjacent  banks,  it  altogether  supersedes  the  necessity  of  em- 
bankment, for  about  a  mile  and  a  half ;  and  where  embank- 
ment is  still  requisite,  its  height  is  materially  diminished.  The 
same  diminution  is  also  obtained  in  the  height  of  an  archecf 
bridge,  and  the  largest  stone  aqueduct  to  be  erected  between 
Utica  and  the  Seneca  river.  This  alteration  was  recommended, 
<  hieflv,  by  the  foUowinqr  reasons  t 


across  Salina. 


CANAL  LAWS,  fcc. 


401 


1st.  It  produced  a  saving  in  expense,  estimated  at  seventeen  1819. 
lousand  dollars.    This  estimate  does  not  include  damages  to  — 
ic  lands,  through  which  the  canal-line  is  laid,  which  would  pro- alteration, 
ably  have  been  claimed,  to  a  large  amount,  for  the  half  mile 
djpining  Onondaga  creek  on  the  east,  in  case  the  original  plan 
xd  been  pursued.    The  land,  along  the  half  mile  referred  to, 
id  been  laid  into  village  lots,  upon  which  the  owners  set  a  high 
llue ;  and  one  tier  of  these  lots,  on  each  side  of  the  canal, 
ust  have  been  dug  over  and  defaced,  in  order  to  obtain  the 
irtb  necessary  for  the  embankment. 

2d.  It  renders  the  canal  more  secure.  Embankments  are,  in 
eneral,  more  liable  to  accidents  than  other  parts  of  a  canal; 
id  whenever  breaches  are  effected  in  them,  the  usual  conse- 
jences  are  more  injurious. 

3d.  It  will  facilitate  the  construction  of  a  side  cut  to  connect 
,ie  main  canal  with  the  salt  works,  at  the  village  of  Salina, 
y  approaching  nearer  to  a  level  with  those  works,  in  that  part  of 
ie  line  to  which  they  are  most  contiguous. 

4th.  It  will  promote  the  convenience  of  all  those  people,  who, 
om  the  fertile  country  on  both  sides  of  the  canal,  shall  hereafter 
ive  occasion  to  communicate  therewith,  on  the  Salina  plains, 
hese  plains,  for  the  most  part,  consist  of  a  dry,  coarse  gravel, 
ixed,  to  the  depth  of  three  or  four  feet,  with  sand  and  loam, 
id  constitute,  from  the  nature  of  their  soil,  as  well  as  from 
leir  local  situation,  an  excellent  site  for  business.  There  is 
ttle  doubt  but  they  will  soon  become  the  scene  of  extensive 
ealings. 

The  second  alteration  consists,  in  the  establishment  of  a  new  2d  alteration, 
immit  level,  extending  from  the  Nine-Mile  creek  to  the  Skene- 
eles  out-let,  a  distance  of  between  eleven  and  twelve  miles,  and 
ivolvlng  the  construction  of  two  additional  locks,  of  eleven 
et  lift  each,  but  relieving  the  line  from  all  the  difficulties  of  the 
arl  meadow.  There  are  three  unfailing  and  pure  streams  natu- 
illy  flowing  across  this  level,  either  of  which,  at  this  period  of 
>nsiderable  drought,  affords  water  enough  for  its  supply  :  but, 
,  collectively,  they  should  hereafter  prove  deficient,  the  two  co- 
3us  creeks,  -which  bound  the  level,  may  be  easily  conducted 
'to  it.  Having  satisfactory  assurance  of  this  essential  fact,  this 
teration  was  adopted.  f& 

1st.  Because  it  produces  a  saving  in  expense,  estimated  at^.^^. 
ventv-five  thousand  dollars,  without  takincr  into  the  account  4  r 

51 


CANAL  LAWS,  he. 


the  charge  of  lining  both  banks,  for  the  purpose  of  sustaining 
them,  with  solid  earth,  brought  from  a  great  distance,  an  opera- 
ration,  which  the  character  of  the  marl  meadow  would  undoubt- 
edly have  rendered  necessary,  to  a  large  extent,  if  the  primary 
designations  of  the  canal  line  had  been  adhered  to. 

2d.  Because,  at  the  Nine-Mile  creek,  it  admits  of  the  substi- 
tution of  stone  arches,  in  the  aqueduct,  instead  of  a  wood  trunk; 
and  at  the  Skeneateles,  of  an  entire  stone  aqueduct,  in  place  of  a 
dam  with  guard  locks.  At  both  of  these  places,  excellent  stone 
are  contracted  for,  at  reasonable  prices. 

3.  Because,  it  carries  the  canal-line  father  south,  and  nearer 
to  the  populous  and  productive  settlements  of  the  western  part 
of  Onondaga  county. 

4th.  Because,  it  was  very  mueh  feared,  that  the  completion  of 
the  canal,  upon  the  old  plan,  could  not  be  effected,  so  as  to  ren- 
der it  navigable,  as  soon  as  it  might  be,  upon  the  new,  by  at  least 
one  year.    This  would  have  been  discouraging  to  the  public 
spirit,  by  which  this  great  enterprize  is  supported,  and  a  serious 
delay  of  the  profitable  returns,  which  may  be  expected,  when- 
ever the  communication  between  the  Mohawk  and  Seneca  rivers, 
is  all  the  way  opened.    And  the  reasonableness  of  such  a  fear  is 
manifested  by  the  following  considerations  :  The  marl  meadow 
is  a  swamp  without  any  outlet,  except  at  its  eastern  and  western 
extremities ;  and  as  it  contains  great  quantities  of  water,  pro- 
ceeding from  Hand's  brook,  and  numerous  springs  which  run 
into  it,  the  only  possible  mode  of  excavating  the  canal  through 
it,  would  be,  to  begin  by  opening  a  wide  drain  at  each  end,  be- 
low the  bottom  of  the  canal,  and  prosecuting  the  work  from 
these  points  towards  the  centre,  taking  especial  care,  as  advances 
should  be  made,  to  keep  these  drains  free  from  all  obstructions. 
The  common  mode  of  executing  a  heavy  job  of  this  kind,  b> 
stationing  numerous  parties  of  labourers  upon  it,  at  short  dis- 
tances from  each  other,  could  not  be  adopted  here  :  for  beside: 
the  difficulty  of  transporting  every  barrow  of  earth  a  great  way 
upon  a  soft  and  wet  surface,  all  such  parties,  except  one  at  eacl 
end,  would  soon  find  themselves  at  work  in  a  pond,  in  which  tin 
depth  of  water  would  increase  in  the  same  ratio  with  that  of  th< 
excavation.    No  cattle  or  horses  could  be  employed  ;  and  as  th< 
parties,  at  both  ends,  could  not  advantageously  include  mor< 
than  seventy  or  eighty  hands,  it  is  evident,  that  so  great  a  labor 
rvon  without  the  occurrence  nf  any  untoward  events,  would  rr 


CANAL  LAWS,  fee. 


[uire  the  application  of  all  practical  exertions,  during  several  1819. 

'ears,  for  its  accomplishment.    But  it  must  be  acknowledged, v  y 

hat  the  depth  of  the  cutting,  the  weight  of  the  spoil-banks,  the 
juantity  of  water  with  which  the  swamp  is  filled,  and  the  nature 
if  the  earth,  which  is  ascertained,  by  frequent  borings,  to  be 
hielly  vegetable  matter,  marl,  and  sand,  are  circumstances  con- 
iceted  with  the  old  plan,  calculated  to  render  untoward  event-, 
tffecting  both  the  cost  and  time  within  which  the  canal  could  be 
constructed,  and  its  security,  afterwards  extremely  probable. 

5th.  Because  there  is  no  part  of  the  Middle  Section,  of  the 
ame  length,  where  the  whole  expense  of  opening  the  naviga- 
■ion  will  be  less  than  that  of  the  new  summit,  between  the 
ocks. 

,  From  the  Skeneatcles  outlet  to  the  Seneca  river,  the  survey  ft??**!?1* 

J  outlet  to  bene- 

ind  location  of  the  canal-line  was  easy  :  and  this  last  portion  of  ca  riv<*— coq- 

trustors  &c. 

t  was  finally  completed  by  the  middle  of  July.  The  whole  was 
udiciously  divided  into  short  section?,  and  perspicuously  cx- 
libited  in  maps,  profiles  and  descriptions,  which  are  herewith 
presented. 

i  The  avidity  with  which  great  numbers  of  wealthy  and  respect- 
ible  citizens  sought  contracts,  w  as  highly  gratifying,  and  aflbrd- 
?d  a  sure  pledge  of  the  energy  which  has  since  been  displayed  in 
:heir  execution.  Many  applications,  for  every  section,  were 
ilways  made  immediately  after,  and  often  before,  the  returns  of 
the  engineer  had  been  received,  so  as  to  render  it  proper  to  let 
them  out.  A  very  few  of  the  contractors  are  foreigners,  who 
have  recently  arrived  in  this  country  ;  but  far  the  greatest  part 
;of  them  are  native  farmers,  mechanics,  merchants  and  professional 
,men,  residing  in  the  vicinity  of  the  line  ;  and  three-fourths  of  all 
the  labourers  were  born  among  us. 

p    Within  a  few  days  after  the  survey  had  been  extended  to  the...... 

west  end  of  the  middle  section,  the  whole  w  as  taken  up,  except  contracts, 
a  few  short  places  necessarily  left,  where  structures  of  wood  and 
stone  were  to  be  erected.  But  as  it  requires  two  or  three  w  eeks 
after  a  section  is  agreed  for,  to  construct  tools,  collect  provisions, 
hire  hands,  purchase  teams,  and  provide  the  necessary  shelter, 
it  was  not  till  about  the  tenth  of  August,  that  the  whole  line  be- 
came a  scene  of  the  most  animated  and  laborious  exertions.  From 
that  time  to  the  tenth  of  December,  between  two  and  three  thous- 
and men,  with  half  as  many  horses  and  cattle,  and  a  considerable 
variety  of  mechamrnl  inventions*  have  been  unremittingly  em- 


404 


CANAL  LAWS,  &c. 


1819.  ployed  upon  it :  And  the  diligence,  ingenuity,  and  good  judg- 
s—- v — '  ment,  with  which  these  means  have  been  applied,  would  hardly 
be  credited,  if  they  did  not  rest  upon  a  testimony  impossible  to  be 
doubted,  that  of  the  effects  produced. 
Grubbing  and  Machinery  has  hitherto  been  used,  with  most  success,  in  the 
heavy  business  of  grubbing  and  clearing.  By  means  of  an 
endless  screw,  connected  with  a  roller,  a  cable,  a  wheel  and  a 
crank,  one  man  is  able  to  bring  down  a  tree  of  the  largest  size, 
without  any  cutting  about  its  roots.  For  this  purpose,  these 
means  are  all,  except  the  cable,  combined  in  a  small  but  very 
strong  frame  of  wood  and  iron.  This  frame  is  immoveably  fast- 
ened on  the  ground,  at  a  distance  of  perhaps  one  hundred  feet 
from  the  foot  of  the  tree,  around  the  trunk  of  which,  fifty  or  sixty 
feet  up,  one  end  of  the  cable  is  secured,  the  other  being  connected 
with  the  roller.  When  this  is  done,  the  man  turns  the  crank, 
which  successively  moves  the  screw,  the  wheel  and  the  roller,  on 
which,  as  the  cable  winds  up,  the  tree  must  gradually  yield,  un- 
til, at  length,  it  is  precipitated  by  the  weight  of  its  top.  The 
force  which  may  be  exerted  in  this  way,  upon  a  tree,  is  irresisti- 
ble, as  with  the  principle  of  the  wheel  and  the  screw,  by  the  ap- 
plication of  the  cable  at  a  point  so  far  from  the  ground,  it  unites 
also  that  of  the  lever. 

There  is  no  grubbing  so  difficult  and  expensive,  by  the  com- 
mon methods,  as  that  of  sound,  green  stumps  ;   and  as  our  citi- 
zens, west  of  Utica,  are  every  day  multiplying  these  evidences  of 
their  industry,  it  was  desirable  to  discover  some  easier  means  of 
eradicating  them.    Such  means  have  been  found  ;  but  the  cost  of 
the  machinery,  in  which  they  partly  consist  would  forbid  the  use 
of  them  in  ordinary  cases.    Two  strong  wheels,  sixteen  feet  in  di- 
ameter, are  made  and  connected  together  by  a  round  axle-tree, 
twenty  inches  thick  and  thirty  feet  long  ;  between  these  wheels, 
and  with  its  spokes  inseparably  framed  into  their  axle-tree,  ano- 
ther wheel  is  placed,  fourteen  feet  in  diameter,  round  the  rim  of 
which  a  rope  is  several  times  passed,  with  one  end  fastened  thro' 
the  rim,  and  with  the  other  end  loose,  but  in  such  a  condition  as 
to  produce  a  revolution  of  the  wheel  whenever  it  is  pulled.  This 
apparatus  is  so  moved  as  to  have  the  stump,  on  which  it  is  intend- 
ed to  operate,  midway  between  the  largest  wheels,  and  nearly  un- 
der the  axle-tree ;  and  these  wheels  are  so  braced  as  to  remain 
steady.    A  very  strong  chain  is  hooked,  one  end  to  the  body  of 


CANAL  LAWS,  fee  4 

the  stump,  or  its  principal  root,  and  the  other  to  the  axle-tree.  1819. 

The  power  of  horses  or  oxen  is  then  applied  to  the  loose  end  of N  — 

the  rope  above  mentioned,  and  as  they  draw,  n  rotary  motion  is 
communicated,  through  the  smallest  wheel,  to  the  axle-tree,  on 
which,  as  the  chain  hooked  to  the  stump  winds  up,  the  stump  it- 
self is  gradually  disengaged  from  the  earth  in  which  it  grew. 
After  this  disengagement  is  complete,  the  braces  are  taken  from 
the  large  wheels,  which  then  afford  the  means  of  removing  that 
stump  out  of  the  way.  as  well  as  of  transporting  the  apparatus 
where  it  may  be  ?narle  to  hear  on  another.  The  expense  of  the 
wheels,  axle  tree,  chain  and  rope,  is  about  two  hundred  and  fifty 
dollars  ;  and  with  them,  in  this  way,  seven  hands  and  a  pair  of 
horses,  can  grub  from  thirty  to  forty  large  stumps  in  a  day.  A 
few  stumps  have  been  found  to  require  the  strength  of  four  hor- 
ses. The  gain  of  power  by  this  machinery,  is  somewhat  more 
than  eight-fold,  with  very  little  loss  by  friction. 

I  Great  obstruction  to  the  excavation  has  been  offered  by  the  ^  Obstruc 
small  roots  and  fibres  which  overspread  the  surface,  and  every 
:where  penetrate  the  top  soil  of  timbered  land.  A  plough  has  Pk>u<rb< 
been  invented  for  cutting  up  these,  greatly  superior  to  the  one  in 
common  use.  It  is  very  narrow  or  thin,  and  consists  of  a  piece 
of  iron,  much  heavier  than  a  common  plough,  strongly  connect- 
ed at  its  upper  edge,  with  the  beam,  and  in  the  rear,  with  the 
handle,  both  of  which  are  of  the  usual  construction.  The  front 
edge  of  the  iron,  where  the  cutting  is  to  be  done,  is  covered  with 
steel,  well  sharpened  and  shaped  like  the  front  of  a  coulter,  except 
that  it  retreats  more  as  it  rises  to  the  beam.  The  lower  edge  is 
imade  smooth,  and  gradually  thickens  as  it  extends  back  towards 
the  handle,  to  about  four  inches.  Two  yoke  of  oxen  will  draw 
this  utensil  through  any  roots  not  exceeding  two  inches  in  diame- 
ter; and  by  moving  it,  at  short  intervals,  through  the  surface  of 
any  ground  to  be  excavated,  the  small  roots  and  fibres  are  so 
cut  up  as  to  be  easily  picked  and  harrowed  out  of  the  way  of  the 
shovel  and  scraper. 

The  experience  of  two  seasons,  embracincr  all  those  operation- 
concerning  which  we  had  most  an  -i«t\,  has  abundantly  confirm- 
ed our  most  favorable  hopes,  in  relation  to  the  construction  of 
the  canal.  But  we  do  not  feel  ourselves  at  liberty,  in  this  report, 
either  to  conceal  or  disguise  the  fact,  that  in  several  places  un- 
expected obstacles  have  been  presented.  There  have  been  fre- 
quent spots  of hardpan.  through  most  of  which,  however,  the  ex- 


406 


CANAL  LAWS,  &c\ 


1S19.     cavation  is  already  completed.     At  the  Oriskany-hill,  in  the 

v  v  J  neighborhood  of  Rome,  and  on  sections  15,  16,  17,  23  and  64, 

&c"  dny  "  '  we  have  been  troubled  with  quicksand.  In  some  of  these  places, 
by  a  slight  alteration  of  the  canal-line,  we  have,  in  a  great  mea- 
sure, avoided  the  evil ;  and  what  we  could  not  avoid,  we  have 
overcome  :  In  the  others,  such  progress  is  made  as  leaves  us 
no  fear  of  the  result. 

On  sections  27,  37  and  40,  considerable  quantities  of  breccia, 
or  gravel  firmly  cemented  together,  have  occurred.  This  sub- 
stance is  the  most  stubborn  and  expensive  to  break  up  of  any  that 
we  have  found.  Some  of  it  we  have  contrived  to  shun,  and  the 
rest  is  chiefly  removed. 
gypram^Ume-  we  nave  Deen  subjected  to  the  most  accumulated  expense 

stone,  &c.  by  indurated  clay,  and  stone,  of  various  descriptions.  The  indu- 
rated clay  is  either  red  or  blueish,  and  has  shown  itself,  to  the 
greatest  extent,  on  sections  14,  20,  24,  25,  50,  51,  54  and  55, 
all  of  which  are  in  great  forwardness,  and  will  surely  be  finished 
before  next  August.  The  stone  is  all,  either  gypsum,  common 
lime-stone,  or  a  kind  of  meagre  lime-stone.  Of  the  last,  we  ex- 
pect to  make  a  very  important  use  ;  as,  by  a  number  of  small  ex- 
periments, in  which,  after  being  thoroughly  burnt  and  slaked,  or 
ground,  and  mixed  in  equal  portions  with  sand,  it  appears  to 
form  a  cement  that  uniformly  hardens  under  water.  The  gyp- 
sum is  found  on  sections  27,  28  and  59  ;  the  common  lime-stone 
on  sections  19,23,24,  27  and  33;  and  the  meagre  limestone,  on 
sections  27,  31  and  37.  The  greatest  part  of  all  this  stone  is 
now  excavated ;  and  where  it  is  not,  it  probably  will  be  in  two 
months,  as  a  number  of  men  are  daily  at  work  in  it. 

Besides  the  additional  cost  of  the  foregoing  contingencies,  we 
have,  in  several  instances,  by  enlarging  the  plans  upon  which  our 
original  estimates  were  formed,  or  by  procuring  more  durable 
and  better  materials,  for  their  construction,  contributed  to  swell 
the  expense  of  our  operations  ;  yet  we  are  firmly  persuaded,  that 
the  savings  we  have  made,  and  the  economy  we  have  pursued, 
will  enable  us  to  complete  the  middle  section  at  an  amount  not 
exceeding  the  sum  total  of  those  estimates.  The  better  to  justify 
this  persuasion,  in  the  minds  of  your  honorable  body,  we  beg 
leave  to  refer  to  the  detailed  statements,  hereto  annexed,  exhibit- 
ing the  names  of  the  contractors,  the  nature  of  their  contracts, 
the  progress  made  in  executing  them,  and  the  amount  of  payments 
upon  them,  together  with  a  variety  of  other  particulars  tending 


CANAL  LAWS,  fee.  407 

to  explain  the  true  condition  of  the  work  confided  to  our  man-  1819. 

age  in  en  t.  1  v  ' 

While  the  labors  of  this  great  section  have  been  thus  going  on,  par(I<in':,nS 
the  following  system  has  been  adopted,  to  instruct,  to  inspect,  to 
advise,  and  to  aid,  the  contractors.  The  whole  line  has  been 
subdivided  into  five  parts,  to  each  of  which  has  been  assigned  an 
intelligent,  active  and  vigilant  overseer,  or  assistant  engineer,  who 
had  previously  learnt  the  use  of  the  levelling  instrument  ;  an  ac- 
curate method  of  designating  the  dimensions  of  the  canal,  upon 
every  variety  of  surface  ;  the  general  principles  necessary  to  en- 
sure the  best  construction  ;  and  the  nature  of  the  stipulations  con- 
tained in  the  several  contracts.  These  assistants  have  been  con- 
stantly passing  backwards  and  forwards,  within  the  limits  assign- 
ed them  ;  to  stake  out  the  width  of  the  grubbing  and  clearing,  of 
the  excavation  or  embankment,  and  of  the  mucking  from  under 
the  banks  ;  to  fix  peirs  in  the  earth,  shewing  the  depth  and  width 
of  the  bottom  of  the  canal,  and  the  height  and  slope  of  its  banks  ; 
to  watch  that  no  work  should  be  done  unfaithfully  ;  and  to  take 
account  of,  and  measure,  all  unforeseen  obstructions. 

The  original  selection  of  these  assistants  was  in  most  cases  for-  Knni,,eers. 
tunate  ;  and  where  it  was  otherwise,  the  delinquent  was  soon  de-  (N  saJJert.. 
tected  and  removed.    Two  of  these  assistants,  Canvass  White 
and  Nathan  S.  Roberts,  having  had  more  extensive  experience 
to  qualify  them  for  it,  besides  the  services  above  indicated,  have 
been  employed  in  others  of  a  highly  responsible  character. 

Mr.  White  has  run  a  test-level  throughout  the  long  summit, 
1  which  became  necessary  in  order  to  correct  some  errors  into 
which  the  work  was  falling,  between  Rome  and  Utica.  He  aided 
essentially  in  performing  the  surveys,  on  the  authority  of  which, 
the  alteration  was  made  in  the  town  of  Camillus  ;  he  has  scien- 
tifically examined  two  routes,  upon  different  levels,  for  the  dis- 
tance of  several  miles  down  the  Mohawk  river,  for  the  purpose  of 
enabling  the  commissioners  to  determine,  more  judiciously,  the 
location  of  the  canal  line  through  the  village  of  Utica  ;  and  he 
has  recently,  in  the  months  of  November  and  December,  explor- 
ed, with  the  level  and  compas',  more  than  thirty  miles  of  the 
country,  in  the  marshes,  swamps  and  woods,  adjoining  the  Sen- 
eca river,  on  the  west.  This  last  service  was  undertaken  with 
alacrity,  and  executed  with  skill  and  perseverance,  at  the  request 
the  acting  commissioners,  who,  though  the  weather  had  be 
'•r>me  severe,  were  verv  anxious,  while  the  water*  were  low.  to 


408 


C  ANAL  LAWS,  Sec. 


1819.  obtain  all  the  information  required,  in  order  to  the  proper  con* 
*  v  '  nexion  of  the  line  with  the  Seneca  river,  on  the  east,  which  could 
not  be  ascertained  without  first  knowing  the  proper  continuation 
of  it,  from  that  point  westerly,  whenever  that  shall  be  authori- 
zed. Of  these  services,  accurate  and  full  returns  have  been 
made,  in  descriptions,  maps  and  profiles.  And  the  Commis- 
sioners were  moit  agreeably  disappointed,  on  inspecting  them, 
as  well  as  on  personal  examination  upon  the  spot,  by  two  of  their 
number,  in  company  with  the  principal  engineer,  to  find,  that  the 
Cayuga  marshes,  and  the  swamps  beyond,  will  admit  the  cana! 
to  be  constructed  through  them  at  less  than  the  average  rate  of 
expense. 

Mr.  Roberts.  j\jr#  Roberts  had  been  employed  as  surveyor,  throughout  the 
Middl  Section,  in  the  year  1  SI 6  ;  and  understanding  the  diffi- 
culties and  facilities  of  the  line  then  run,  he  has,  the  last  year, 
conducted  the  operation  of  levelling  and  designating  the  canal- 
line,  as  it  is  actually  established,  most  of  the  way  from  Salina  to 
the  Seneca  river.  And  with  the  aid  of  the  principal  engineer, 
who  often  visited,  communicated  with,  and  advised  him,  especially 
at  ail  the  important  points,  the  line  is  laid  out  in  the  manner  and 
direction  most  approved. 

Mr. B.W right.  The  department  of  principal  engineer,  for  the  Middle  Section, 
is  still  tilled  by  Benjamin  Wright,  Esquire,  to  whom  all  the  assist- 
ants are  subordinate  and  accountable  ;  and  who,  besides  inspect- 
ing the  whole  line  as  often  as  possible,  has  devoted  his  time,  to  a 
minute  examination  of  all  the  most  difficult  places  ;  to  contriving 
modes  and  giving  directions  best  adapted  for  subduing  these  dif- 
ficulties ;  to  forming  plans  and  executing  drafts,  of  all  the  more 
artificial  works ;  to  computing,  from  time  to  time,  as  jobs  have 
been  successively  completed,  the  number  of  cubic  yards  of  exca- 
vation and  embankment  performed  upon  them;  and  to  estimating", 
determining  and  certifying  the  value  of  extra  labor,  of  every  spe- 
cies necessarily  done  upon  any  of  the  sections.  These  duties 
have  expanded  into  an  immense  multiplicity  of  detail :  They  have 
been  delicate,  arduous  and  fatiguing :  But  the}7  have  been  dis- 
charged by  Mr.  Wright  with  such  practical  knowledge,  industry, 
equity  and  discretion,  as  to  deserve  the  praise  of  the  state,  while 
they  have  produced  no  complaint  from  the  contractors. 

Several  other  agents  have  been  appointed,  for  the  transaction 
of  business,  which  could  not  safely  or  conveniently  have  been 
done  without  them. 


CAiNAL  LAWS, 


One  has  had  the  care  of  making  and  using  machines  for  piling,  1819. 

and  of  digging  out  and  preparing  the  foundations  of  the  stone  1  v  ' 

culverts  and  aqueducts.  This  last  being  a  business  so  liable  to 
contingencies,  and  so  necessary  to  be  conducted  with  a  faithful 
adaptation  to  circumstances,  which  could  not  be  known  until  it 
was  in  progress,  that  it  was  thought  unsafe  to  have  it  done  by 
?ontract. 

|  Another  has  been  employed  in  making  a  large  number  of 
igreements,  for  piles,  for  timber,  for  plank,  for  sand,  for  lime, 
md  for  fencing  the  canal ;  and  in  obtaining  cessions  to  the  state 
if  the  lands  through  which  it  passes. 

Another  was  charged  to  explore  the  country  within  areasona- 
)le  distance  of  the  canal,  for  stone,  previously  to  any  undertaking, 
or  the  delivery  of  that  article,  in  order  that  we  might  surely  un- 
lerstand  where  the  best  quarries  were  situated,  and  also  be  able 
o  purchase  the  stone  without  being  subject  to  exorbitant  de- 
nands.  This  agency  was  afterwards  continued,  for  the  purpose 
>f  inspecting  and  rough  hewing  the  stone,  as  they  were  quarried. 

Another,  who  had  formerly  been  familiar  with  canals  '  i  Im- 
,;land,  and  who  assisted  in  the  construction  of  that  at  Rome,  was 
Dtrusted  with  placing  and  securing  the  iron  culverts,  and  with 
arrying  into  effect  the  process  of  puddling  around  several  of  the 
tone  works. . 

Having  seen  the  locks  at  Waterloo,  and  the  other  improvc- 
lents,  adapted  to  facilitate  the  navigation  of  the  Seneca  river 
round  its  falls ;  and  requiring  more  aid  than  we  had  provided 
yt  the  superintei  deuce  of  works,  of  a  nature  allied  to  those,  we 
ngaged  the  services  of  Marshall  Lewis,  Esq.  under  whose  di- M  -  . 
action  those  improvements  had  been  made.  He  has  been  oceu- 
ied  chiefly  with  the  foundations,  at  the  Limestone,  the  Butter- 
ut,  and  the  Oneida  creeks,  which  are  completed  ;  and  with  those 
f  the  Skeneateles,  and  Owasco  outlets,  which  are  now  advancing, 
'he  mechanical  skill  of  Mr.  Lewis,  arising  from  much  native 
lgenuity,  and  long  experience,  applied,  particularly,  to  canals 
iid  hydraulic  structures,  has  afforded  us  many  advantages. 

The  general  direction  and  regulation,  of  all  these  departments 
^action,  constitutes  no  light  charge ;  but  it  does  not  limit  the 

sponsibilities  of  the  Commissioners  along  the  line.  It  has, 
toreover,  been  their  duty,  to  negotiate  all  the  important  agree- 
ents,  and  reduce  them  to  writing,  with  the  necessary  specific  a- 
on  of  the  manner  of  (heir  execution,  in  all  their  variety  of  par- 

52 


410 


CANAL  LAWS,  &c. 


1819.  ticulars.  In  concluding  these  agreements,  they  have  regarded  it 
v  '  as  essential,  to  give  such  prices  as  would  induce  men  of  enter- 
prize,  resource  and  perseverance,  to  engage  with  them,  and,  at 
the  same  time,  enable  them  to  win,  for  the  canal,  more  univer« 
sally,  the  favor  of  the  Legislature,  by  the  frugality  of  their  ex- 
penditures. To  effect  this,  they  have  labored  earnestly,  to  un- 
derstand the  true  nature,  and  the  real  value,  of  every  item,  both 
of  material,  and  of  service,  entering  into  the  subject  matter  of 
their  agreements ;  and  to  impart,  to  all  applicants  for  contracts, 
every  information  in  their  power.  When  contracts  were  made, 
in  order  to  insure  the  greatest  economy  of  execution,  advances 
of  money  have  always  been  offered,  upon  reasonable  security ; 
and  though  no  stipulation,  requiring  it  of  them,  is  contained  in 
any  contract,  the  Commissioners  have  never  failed  to  pay  each 
contractor,  as  often  as  once  a  month,  the  amount  of  his  earnings. 
For  this  purpose,  they  have  personally  gone  over  the  whole  line, 
and  estimated  the  advances  of  the  work,  on  the  several  jobs:  and 
while  they  have  thus,  by  frequent  payments,  encouraged  the  con- 
tractors, and,  by  undeviating  punctuality,  exerted  a  favorable 
influence,  upon  all  new  negotiations,  they  indulge  the  belief,  that 
no  cases  have  occurred,  in  which  losses  will  be  sustained,  in  con- 
sequence of  imprudent  disbursements. 

Among  the  great  number  of  contractors  for  the  Middle  Sec- 
tion, there  are  a  few  persons,  who  have  altogether  failed ;  and 
also  a  few,  who  have  found,  although  they  are  still  at  work,  that 
they  have  undertaken  more  than  they  can  perform.  Most  of 
these  persons  were  exceedingly  injured,  by  the  extraordinary 
wetness  of  the  last  spring  and  the  fall  before,  and  some  of  them 
were  disabled,  by  the  pressure  of  pre-existing  embarrassments. 
The  unfinished  and  most  difficult  parts  of  their  sections,  are  now 
all  placed  in  the  very  best  hands,  having  been  taken  up  by  such 
of  the  original  contractors  as  had  finished,  or  made  greatest  ad- 
vances, on  their  own  jobs. 

In  making  canals  in  Europe,  it  is  generally  an  object  of  great 
solicitude,  and  much  of  the  expense  is  incurred,  to  construct 
reservoirs,  and  control  waters,  enough  for  their  supply  :  in  ma- 
king ours,  we  are  much  more  anxious,  to  divert  and  waste  those, 
which  are  superfluous.  With  a  country  of,  from  fifteen  to  sixty 
miles  wide,  stretching  its  whole  length,  and  abounding  with  lakes 
and  streams,  which  all  seek  their  natural  discharge  by  crossing 
it.  no  deficiency  of  water  can  ever  be  apprehended.    But,  t< 


Cohftact&rs. 


CANAL  LAWS,  lie 


secure  our  work  from  injury,  by  floods  and  freshets,  that  will  of- 
ten suddenly  collect,  from  the  extensive  land-drain,  and  the  abun- 
dant waters,  above  alluded  to,  we  have  been  compelled  to  make 
numerous  culverts  and  waste-weirs.  The  office  of  a  culvert  is, 
to  pass  waters,  not  wanted  for  navigation,  under  the  canal  ;  that 
of  a  waste-weir,  to  discharge  the  extra  waters,  which  maybe  in 
it.  We  have  provided  for  eight  large  culverts,  of  stone,  and  fif- 
teen smaller  ones,  of  iron  :  and  there  are  thirteen  aqueducts, 
which  necessarily  leave  capacious  water-courses  beneath  them. 
Of  waste-weirs,  there  are  seventeen,  stretching  on  the  north  side 
of  the  line,  in  the  aggregate,  a  length  of  eighteen  hundred  and 
sixty  feet.  The  expense  of  these  last,  was  not  included  in  our 
original  estimates  ;  for  there  are  besides,  eight  wood  aqueducts 
ind  a  dam,  occupying  together,  a  length  of  thirteen  hundred  ami 
fifty  feet,  which  perform  the  same  office.  An  aqueduct  is  de- 
signed to  carry  the  waters,  to  be  navigated  in  a  canal,  over  the 
rivers,  creeks  or  ravines,  which  cross  its  route  ;  it  must,  there- 
fore, be  adapted  to  the  proper  level,  and  to  the  width  and  depth 
of  the  canal.  Of  these,  the  whole  number  between  the  Mohawk 
and  Seneca,  will  be  thirteen,  of  which,  five  are  to  consist  exclu- 
sively of  stone,  and  eight  of  wood  trunks,  resting  on  stone 
abutments  and  piers.  The  iron  culverts  are  actually  laid,  and 
the  other  works  are  all  under  contracts,  of  which  some  are  execu- 
ted, and  the  rest  in  a  rapid  course  of  completion.  The  tedious 
and  expensive,  but  essential  operation,  of  preparing  and  secur- 
ing, for  all  of  them,  a  strong  and  permanent  foundation,  is  three- 
fourths  done.  For  a  minute  account  of  their  location  and  di- 
mensions, we  refer  to  schedule  number  two,  in  the  appendix. 

On  the  south  side  of  the  canal,  the  ground  always  rises,  in 
most  places  gently,  but  in  some  abruptly.  And,  in  these  eleva- 
tions, within  from  one  to  eight  miles  of  the  line,  are  contained 
inexhaustible  quantities  of  lime  and  sand-stone.  The  wants  of 
the  country  have  not  yet  required,  that  many  quarries  should  be 
extensively  opened.  But,  we  found  some  of  an  excellent  quality 
that  had  been.  To  such  we  have  had  reasonable  resort  :  and 
we  have  been  very  fortunate  in  opening  several  new  ones.  The 
prices  we  have  given,  for  the  purchasing,  quarrying,  and  deliver- 
ing, of  large,  thick,  solid,  durable,  and  well  faced  stone,  has  va- 
ried from  seventy-five  cents  to  one  dollar  and  thirty-seven  cents 
per  ton,  according  to  circumstances.  We  have,  in  all  cases,  cho- 
sen to  agree  for  stone  by  weight,  rather  than  by  the  cord  or  perch, 


412 


CANAL  LAWS,  fee. 


1819.  because  it  lessens  the  temptation  of  contractors,  to  spoil  theirt 
v— '  for  our  use,  by  breaking  tfcem  up  into  small  pieces,  which  would 
make  them  easier  to  handle,  and  increase  their  measurement. — 
And  the  expense  of  erecting  scales  and  weighing  them,  is  not 
greater  than  that  of  piling  them  up,  into  compact  heaps,  for 
measuring. 

yp^Middie  There  will  be  nine  locks  upon  the  Middle  Section,  including 
Section.  one  at  the  west  end,  to  facilitate  communication  with  the  Sene- 
ca river,  at  high  and  low  water.  As  the  locks  of  a  canal  are 
contrived  for  the  purpose  of  effecting  a  passage  from  one  eleva- 
tion to  another,  they  must  always  be  subject,  while  they  are  shut 
to  the  pressure  of  a  considerable  head  of  water,  and  while  the} 
are  filling  and  discharging,  to  theforce  of  a  rapid  current  :  and, 
as  they  must  be  made  as  small  as  the  nature  of  the  transporta- 
tion through  them  will  admit,  they  will  be  liable  to  violent  im- 
pingements from  heavy  loaded  boats.  With  us,  they  are  also 
exposed  to  injury  by  the  intense  frost  of  winter.  It  will  be  per- 
ceived, therefore,  that,  in  the  construction  of  them,  great  care 
and  fidelity  are  indispensable.  The  site,  which  ours  will  occu- 
py, is  uniformly  excellent,  consisting  of  gravel  mixed  with  loam 
or  clay,  in  such  proportions  as  to  render  it  close,  heavy,  hard 
and  water-tight. 

We  have  let  out,  the  laying  and  securing  of  the  foundations, 
the  framing  and  placing  of  the  mitre-cills,  and  the  construction 
and  hanging  of  the  gates  of  eight  of  these  locks,  to  a  single  in- 
dividual of  skill  and  responsibility,  who  has  heretofore  been  en- 
gaged in  similar  undertakings.  The  stone-cutting  and  masonry 
are  more  distributed.  For  the  performance  of  these,  we  have 
entered  into  five  agreements,  with  men,  whom  we  believe  to  be 
expert  and  ^st*worthyysoine  ef  them,  from  our  own  knowledge, 
and  the  rest  from  satisfactory  recommendations. 

The  foundations  of  these  eight  locks,  are  to  consist  of  a  solid 
flooring  of  hewed  timber,  one  foot  thick,  and  covered  with  well 
jointed  three  inch  plank,  over  which,  within  the  chamber,  will  be 
laid  another  flooring,  of  two  inch  plank,  accurately  fitted  togeth- 
er with  water  joints,  and  spiked  down,  so  as  to  prevent  leakage  : 
and  this  foundation  is  to  be  strongly  suppoited  and  guarded  by 
piling.  The  lock  walls  are  to  be  not  less  than  six  feet  thick,  and 
to  be  sustained  by  several  massy  butresses,  to  be  laid  in  water- 
cement,  and  thoroughly  grouted — to  have  all  the  faces,  ends, 
and  beds,  of  each  stone,  laid  in  the  front  of  the  wall,  together 


CANAL  LAWS,  In. 


413 


with  the  hollow  quoins,  the  lock  culverts  and  the  ventilators,  18H*. 

well  cut — and  the  whole  to  be  sufficiently  cramped  together  with v  v  ' 

iron,  and  coped.  The  mitre  cills  and  gates  are  to  be  of  the  best 
construction,  and  properly  fitted,  secured,  and  hung.  Haying 
provided  by  contract,  for  all  the  materials  necessary,  and  the  la- 
bour to  be  bestowed  upon  them,  in  the  construction  of  these 
locks  ;  and,  having  counted  the  cost,  we  anticipate  their  entire 
completion,  for  a  sum  not  exceeding  a  thousand  dollars  per  foot 
rise.  In  schedule  number  three,  in  the  appendix,  may  be  seen 
further  particulars  relating  to  contracts  for  stone,  and  for  the 
locks. 

That  portion  of  the  canal  line,  which  we  have  been  authorized  pubf;/rotds 
to  open,  is  intersected  by  fifty-two  public  roads,  on  which  it  be- 
came our  duty  to  erect  bridges.  For  all  these  we  have  made 
provision  ;  and  twenty-one  of  them  are  erected.  In  several  in- 
stances, where  the  canal  has  traversed  a  farm,  in  such  a  direc- 
tion and  extent  as  to  forbid  the  owner  to  occupy  it  all,  without  a 
bridge,  we  have  paid  a  reasonable  sum  for  the  construction  and 
reparation  of  such  bridge  ;  and,  in  consideration  of  such  pay- 
ment, obtained  from  the  owner  a  perpetual  discharge,  for  the 
state,  from  all  further  obligation  relating  thereto.  And,  to  pre- 
vent these  occupation  bridges  from  ever  interfering  with  the  nav- 
igation, a  suitable  plan  for  their  construction  was  made,  of  which 
a  full  description  was  always  given  to  the  builder. 

It  may  not  be  improper  to  state  here,  that  the  gentlemen  ap-  Claim  lor 
pointed,  by  the  supreme  court,  to  appraise  damages  upon  theuamv°*' 
Middle  Section,  have  examined,  decided  upon,  and  certified,  the 
most  urgent  cases  of  that  kind  ;  and  the  whole  amount  of  claims 
upon  us,  which  they  have  yet  authorized,  is  sixteen  hundred  and 
eighty-six  dollars.  A  list  of  all  the  cases  decided,  with  tho 
amount  of  damages  allowed  in  each,  constitutes  number  four  of 
die  appendix. 

The  Middle  Section  is  ninety-four  miles  long.  v  .!d'eS*c- 

Every  thing  that  was  to  be  done,  on  this  section,  is  now  either tw* '  UU 

completed  or  under  contract  and  to  be  completed  by  the  iirst  of 

Dctober  next  ;  except, 
st.  A  few  occupation  bridges  ; 

M.  A  small  culvert  to  pass  the  waters  of  a  mill  pond  in  Whites- 
town  ; 

id.  A  lock,  to  efl'ect  the  proper  connection  with  Seneca  river,  a 
short  section  of  the  line  adjoining  it.  The  materials  for  the 
construction  of  the  lock  may  be  delivered  by  water  :  and  it 


414 


CANAL  LAWS-  fee. 


1819.  was  so  late  in  the  season,  before  the  precise  location  of  the 
<s^»v-^,  lock  and  section  could  be  ascertained,  that  no  advantage 
would  have  been  secured  by  contracting  for  them  this  fall. — 
We  have  reasonable  propositions,  from  good  men,  to  finish 
them  both,  in  September  next. 
4th.  About  a  mile  of  the  line,  on  which  the  original  undertaker 
has  failed,  for  which  we  can  make  effectual  provision  in  the 
spring. 

What  is  actually  done  may  be  understood  from  the  following 
summary,  to  wit  : — 

1st.  All  the  grubbing  and  clearing  is  done,  except  about  live 
miles. 

2d.  Eight  miles  of  excavation  and  embankment  are  completed, 

inspected  and  accepted*, 
od.  Forty  miles  more  have  all  the  excavation  and  embankment 
performed  ;  and  the  frost  alone  has  prevented  their  being  fin- 
ished.   When  that  is  dissolved,  and  the  earth  is  dry,  fifty  cents 
a  rod  will  entirely  complete  them. 
4th.  Ten  miles  more  are  about  half  done. 
5th.  Twenty-one  miles  more,  are  a  quarter  done.  There  remains, 
on  the  Middle  Section,  fourteen  miles  more,  lying  in  detach- 
ed pieces,  which  are  yet  unbroken. 
Embankments.    The  most  costly  embankments  were  to  be  made  at  Nail  creek, 
at  Sedaqueda  creek,  at  Brown  brook,  at  Brandy  brook,  at 
Oneida  creek,  at  Canastota  creek,  at  Olcott's  brook,  at  Canasa- 
raga  creek,  at  Chitteningo  creek,  at  Beaver-dam  creek,  at  the 
outlet  of  the  Little  lakes,  at  Limestone  creek,  at  Cadwell's 
swamp,  at  Butternut  creek,  at  Onondaga  creek,  at  Harbor  creek, 
at  Geddesburgh,  at  the  west  end  of  section  37,  at  the  Skaneate- 
las  outlet,  at  Bread  creek,  at  the  Owasco  outlet,  at  Great  brook, 
and  at  Crane  brook.    Of  these  embankments,  the  nine  most 
expensive  are  completed,  and  the  residue,  in  the  average,  half 
completed. 

Two  thirds,  of  all  the  deep  cutting,  is  accomplished. 

The  whole  number,  of  expensive  foundations  required,  was 
seventeen,  of  which  ten  are  sunk  and  secured,  and  the  rest  in 
considerable  forwardness. 

The  timber,  for  the  waste-wiers,  is  now  felling  and  hewing  and 
sawing;  and  their  construction  is  all  stipulated  for,  at  about  four 
dollars  per  foot  run. 


CANAL  LAWS,  be 


416 


The  whole  amount  of  mason  work,  necessary  10  culverts,  aquc-  1810. 
ducts  and  bridges,  is  one-fourth  done.  v      v  ' 

The  timber  for  lock  sites  is  preparing;  the  requisite  quantities 
of  stone,  for  all  purposes,  nearly  quarried ;  and  the  scales  to 
weigh  them  all  erected. 

The  only  expensive  dam,  on  the  whole  route,  is  that  at  the 
Oriskany  creek,  which  is  to  be  built  for  $5,700,  and  is  already 
in  some  progress. 

Taking  into  consideration  every  item,  of  material  and  of  la- 
bor, actually  provided  and  paid  for,  and  comparing  them  with 
every  item  remaining  to  be  provided  and  paid  for,  in  order  to  the 
eujoyment  of  a  navigable  communication  between  the  Mohawk 
and  Seneca  rivers — and  it  is  our  opinion,  that  the  proportion  of 
the  former  to  the  latter,  is  nearly  as  two  to  one. 

The  whole  estimated  expense  of  the  canal,  from  Utica  to  the  Expense  u«wn 
Seneca  river,  including  a  proportional  part  of  the  general  allow-  ca'rfvir .S<Dt" 
ance,  for  utensils,  work-shops,  barracks  for  the  men,  be.  as 
stated  in  our  report  of  1817,  is  as  follows,  to  wit : 
From  the  west  end  of  the  old  canal,  at  Rome,  to 

Seneca  river,  $853, 18G 

From  the  east  end  of  the  old  canal,  at  Rome,  to  Nail 
creek,  in  Utica,  exclusive  of  locks,  the  distance 
being  14  miles,  ■  108,128 

Add  eight  feet  lockage  between  Rome  and  Utica, 

at  $1,250  per  foot,  10,000 
Twelve  road  bridges,  at  $500,  6,000 
Forty-two  occupation  bridges,  at  $200,  8,200 
The  proportional  part  of  the  general  allowance 

above  mentioned,  is  17,337 
The  expense  of  widening  and  deepening  the 
old  canal,  was  not  included  in  the  report  of 
1817,  but  was  estimated  in  another  place  at  4,000 
For  superintendence  of  engineers,  &c.  from 
west  end  of  old  canal,  at  Rome,  to  east  side 
of  Nail  creek,  at  $1,000  per  mile,  15,000 


Aggregate  amount,  $1,021,851 
The  whole  amount  of  actual  disbursements,  is  678,549 


Which  being  deducted  from  the  estimates,  leaves 
the  sum  of  $443,3(8 
applicable  to  th^  completion  of  the  Middle  Sefc- 
tfon. 


410 


CANAL  LAWS,  &c. 


commenda- 
tions. 


1S19.        This  sum  is  believed  to  be  more  than  sufficient  for  that  object. 

v  v  *  And,  if  the  present  winter  shall  afford  five  weeks  of  good  sleighing 

to  draw  stone,  and  the  next  summer  shall  not  be  unfavorable,  the 
commissioners  entertain  sanguine  hopes  of  being  able  to  pass,  in 
a  boat,  throughout  this  section,  before  the  next  meeting  of  your 
honorable  body. 

E  and  w^ec-  Believing  we  were  authorised  to  institute  and  carry  on  further 
tions.  surveys,  on  the  Eastern  arid  Western  Sections  of  the  Erie  canal, 
Isaac  Briggs,  Esq.  has  been  employed  to  explore,  and  re-survey, 
and  locate  the  line  of  the  canal,  from  U tica  towards  the  Hudson 
river.  Such  a  location  he  has  made,  for  upwards  of  forty  miles, 
including  all  the  difficult  places,  at  Herkimer  and  the  Little  Falls. 
Of  his  work,  he  has  made  ample  returns  and  estimates,  accompa- 
nied with  elegant  maps,  and  profiles,  which  are  herewith  present- 
ed. From  his  estimates,  it  appears,  that  the  cost  of  opening  the 
canal,  through  that  portion  of  the  line,  will  be  less  than  our  first 
calculations. 

Necessary  re-  ^n  pursuance  of  that  part  of  the  law,  relating  to  their  duties, 
which  requires  the  canal  commissioners  to  recommend  such  mea- 
sures, as  they  may  think  advisable,  for  the  accomplishment  of 
the  objects  intended  by  the  legislature  ;  we  beg  leave  to  recom- 
mend : 

1st.  That  adequate  provision  be  made,  for  opening  a  navigable 
side  cut,  in  the  course  of  the  ensuing  summer,  from  the  main 
canal  to  the  salt  works,  at  Salina.  This  may  be  performed  in 
six  months,  at  an  expense  not  exceeding  six  thousand  dollars ; 
and,  as  the  main  canal  is  expected  to  be  navigable  to  the  wa- 
ters of  the  Cayuga  and  Seneca  lakes,  on  the  one  side,  and  to 
those  of  the  Mohawk  river,  on  the  other,  by  the  close  of  the 
next  season,  it  is  apparent,  that  such  a  side  cut  would  imme- 
diately become  profitable. 
2d.  That  the  militia  law  be  so  modified  as  to  excuse  from  militia 
duty  all  persons  actually  engaged  in  laboriug  on  the  canal. 
Such  laborers  are,  for  the  most  part,  in  situations  which  do 
not  permit  them  to  be  properly  armed  and  equipt ;  they  can- 
not therefore  be  useful  on  the  parade  ground.  And,  upon  a 
reasonable  calculation^  there  were  during  the  past  season 
twenty  thousand  dollars  worth  of  service  lost  to  the  canal, 
by  militia  interruptions. 
3d.  That  a  law  be  passed,  the  present  session,  authorising  and 
providing  for,  the  entire  completion  of  the  Erie  canal,  Suffi- 


CANAL  LAWS,  he 


417 


cient  experience  has  now  been  acquired  to  establish  the  practi- 
cability of  such  a  measure,  within  the  means  of  the  state. 
And  surely,  the  prosperities  which  it  will  advance — of  an 
agricultural,  a  commercial,  and  a  manufacturing — of  a  public 
and  a  private — of  a  pecuniary,  a  literary,  a  political,  and  a 
moral  character,  commend  it  to  your  patronage.  It  appears 
to  us  to  be  a  measure  involving  the  highest  earthly  interests. 
And,  illustrious  as  our  country  has  become,  for  the  utility  and 
glory  of  its  achievements,  it  never  had  a  legislative  body,  en- 
gaged in  a  measure  teeming  with  benefits,  so  various,  so  exten- 
sive, and  so  durable,  since  the  cry  of  "  land,  land,"  was  first 
heard  from  one  of  the  ships  of  its  great  discoverer.  If  honor 
be  coveted,  solid  and  expansive  as  "  the  great  globe  itself,  and 
all  which  it  inherits,"  the  accomplishment  of  this  work  will 
ensure  its  attainment. 

DE  WITT  CLINTON, 
S.  VAN  RENSSELAER. 

MYRON  HOLLEY, 
S.  YOUNG, 
EPHRALM  HART. 

Dated  2bth  January,  1819. 
N.  B.    Mr.  Hart  was  appointed  a  canal  commissioner,  in  the 
room  of  Joseph  Ellicott,  Esq.  resigned. 

And,  in  relation  to  the  Champlain  canal,  the  commis>ioner- 
Report — 

That  since  the  first  of  June  last,  when  the  season  became  fa-  Cbampialu 
vorable,  the  excavation  of  the  Champlain  canal  has  been  vigo- 
rously and  successfully  prosecuted.    More  than  twelve  miles 
have  been  completed,  to  the  satisfaction  of  the  engineer,  and  a 
final  settlement  has  been  had  with  the  contractors. 

The  remainder  of  the  excavation  is  in  such  a  state  of  advance- 
ment, that  two  months  of  good  weather  will  insure  its  comple- 
tion, as  there  is  not  more  on  the  whole  line  remaining  to  be  done, 
than  the  average  excavation  of  two  and  a  half  miles.  Consid- 
erable progress  has  been  made  towards  the  construction  of  the 
artificial  works.  The  stone  for  the  locks  have  been  quarried ; 
more  than  half  of  them,  it  is  believed,  are  already  delivered  at 
the  places  where  they  are  to  be  used,  and  a  considerable  portion 
of  them  are  hewn,  and  ready  to  be  laid  into  the  work.  The 
timber,  the  lime,  and  the  sand,  are  aI>o  in  n  verv  ndvanoed  ^an 

53 


416 


CANAL  LAWS,  fee- 


1819.  of  preparation.  The  materials  for  the  culverts,  waste-wiers, 
— \r— J  bridges,  &ic.  are  in  such  a  state  of  forwardness,  that  there  is  little 
doubt  but  they  will  all  be  prepared  and  delivered  before  the 
breaking  up  of  winter  :  and  unless  the  next  season  should  be 
uncommonly  bad,  it  is  confidently  expected,  that  within  ten 
months  from  this  time,  the  Champlain  canal,  from  the  lake  to  the 
Hudson,  will  be  fit  for  navigation. 

The  amount  of  labor  which  has  been  performed  the  last  sea- 
son, compared  with  the  expenditures,  fortifies  the  opinion  ex- 
pressed in  the  report  of  last  season,  that  the  Champlain  canal 
will  be  finished  for  a  sum  not  exceeding  the  estimates  ;  and  the 
commissioners  respectfully  recommend  the  passage  of  a  law, 
authorising  its  construction  from  Fort  Edward  to  the  tide  waters 
of  the  Hudson. 

BE  WITT  CLINTON, 
S.  VAN  RENSSELAER. 
S.  YOUNG, 
MYRON  HOLLEY, 
EPHRAIM  HART. 

Ibth  January,  1819. 


.2  Table  showing  the  location,  dimensions,  fyc.  of  the  Aqueducts, 
Culverts,  and  Waste- Weirs,  on  the  Middle  Section  of  the 
Canal. 

OF  THE  AQUEDUCTS. 


Location. 


At  Sedaqueda  creek, 

:  Wood  creek, 

:  Oneida  creek, 

:  Canasaraga  creek, 

:  Chitteningo  creek, 

:  Limestone  creek, 

:  Butternut  creek, 

:  Onondaga  creek, 

:  Nine-Mile  creek, 

:  Skeneateles  outlet, 

:  Cold  Spring  brook. 

:  Owasco  outlet, 

:  Crane  brook, 


Length, 


240  feet. 

40 
120 

40 
110 
110 
110 
180 
120 
100 
100 
120 
100 


Materials. 


Stone  and  wood, 
do. 

All  stone. 
Stone  and  wood, 
do. 
do. 
do. 
All  stone, 
do. 
do. 

Stone  and  wood. 
All  stone. 
Stone  and  wood. 


In  the  report  of  1817,  the  above  aqueducts  were  all  estimated 
to  be  of  wood  trunks,  resting  on  stone  abutments  and  pier* 


CANAL  LAWS,  fct 


OF  THE  STONE  CULVERTS. 


419 
1310. 


Location. 

Span  of  the 
Arch. 

Length. 

it  Nail  creek, 

14  feet. 

70  feet. 

:  Stoney  creek, 

15 

64 

:  Brandy  brook, 

10 

64 

:  Beaver-dam  creek, 

10 

64 

:  Little  lakes, 

8 

72 

:  Harbor  creek, 

10 

72 

:  Hughes's  creek. 

4 

120 

:  Great  brook, 

10 

64 

OF  THE  IRON  CULVERTS. 


Location. 


On  section  L, 
:    do.  I, 
At  Swamp  brook. 
Brown  brook, 
Rush  creek, 
Black  creek. 
Mud  creek, 
Near  Cowaston  creek, 
Near  Chitteningo  creek. 
At  Cadwell's  swamp, 

:  Whipple's, 
On  section  No.  11, 
do.    No.  10, 
Near  Barker's, 
Near  Loomis's, 


Diameter. 


Length. 


3  feet. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 

do. 
2  feet. 

do. 

do. 
lfoot. 

do. 


69  feet. 
75 
69 
60 
75 
75 
75 
75 
72 
75 
63 
69 
69 
60 
60 


The  above  iron  culverts  consist  of  pieces,  cast  in  the  shnpe  of 
half  cylinders,  with  flanges,  and  connected  together  with  nuts  and 
screws.  They  were  contracted  for  at  the  rate  of  $89  per  ton 
delivered ;  and  the  whole  expense  of  them,  when  properly  laid 
ind  secured,  has  been,  of  those  that  are  three  feet  in  diameter, 
bout  $500  a  piece ;  of  those  that  are  two  feet  in  diameter,  about 
^340,  and  of  those  that  are  one  foot  iu  diameter,  about  $170. 


CANAL  LAWS,  kc. 
OF  THE  WASTE-WEIRS. 


Location.  Length 

At  Shepherd's  brook,  -  -  -  -  100  feet. 

:  Section  C.         -  100  : 

:  Wood  creek,  near  white  house,  -  -  1 50  : 

:  Section  No.  5,         /  i>  -  -  -  100  : 

:  Drum  creek,  -  -  -  -  100  : 

Near  Oneida  creek,  -  -  -  -  100  : 

At  Covvaston  creek,  -  -  -  -  150  : 

:  Canastota  creek,  -  -  -  100  : 

:  Olcott's  brook,  -  60  : 

:  Pool's  brook,  -  '-  -  -  100  : 

:  Mill  creek,         -  -  -  -  *  100  : 

:  Hand's  brook,  -  100  : 

:  Camp's  brook,  -  100  : 

:  Carpenter's  brook,  -  -  *  -  150  : 

:  White  bottom  brook,  -  -  -  100  : 

:  Bread  creek,       -  -  -  -  -  150  : 

:  Tyler's  brook,  -  -  -  -  100  : 


The  expenses  of  these  waste-weirs  was  not  included  in  our  es- 
timates of  1817. 

Ordered,  That  the  same  be  referred  to  the  joint  committee, 
on  that  part  of  the  speech  of  his  Excellency  the  Governor, 
which  relates  to  internal  improvement. 

XXVI. 

REPORT  OF  THE  JOINT  COMMITTEE  ON  CANALS, 

IN  1819. 

In  Assembly,  February  22,  1819. 
Mr.  Bacon,  from  the  joint  committee  of  the  senate  and  assem- 
bly, on  so  much  of  the  speech  of  his  excellency  the  governor  as 
relates  to  the  internal  improvements  of  the  state,  to  whom  was  re- 
ferred the  annual  report  of  the  canal  commissioners,  reported  as 
follows  : 

The  actual  construction  of  those  great  monuments  of  the  en- 
terprise and  munificence  of  the  state,  the  greai  western  and 


4 

420 
1819. 

V  

v  


CANAL  LAWS,  fees 


lorthern  canals,  is  now  viewed  by  the  committee  as  no  longer  a 
question  of  unsettled  policy  ;  and  the  completion  of  them  with  v 

practicable  speed,  is  a  measure  which,  upon  deep  eonsidera- 
;ion,  sedulous  enquiry  and  cautious  calculation,  has  been  already 
•esolved  upon  by  the  deliberate  arts  of  the  legislature,  and 
sanctioned  by  the  approving  and  irencral  voice  of  an  intellligent 
md  reflecting  people.  In  this  view  of  the  subject,  the  committee 
ipprehrnd  that  it  would  be  both  unnecessary  and  unseasonable 
o  occupy  the  time  of  the  legislature  with  any  further  exposition 
)f  the  various  considerations  which  have  influenced  the  policy 
)f  that  expansive  system  of  internal  improvement,  which  was  en- 
ered  upon  by  our  predecessors,  under  a  full  conviction  of  the 
nagnitude  of  the  undertaking,  and  of  the  high  responsibilities 
vhich  it  imposed  upon  its  projectors  and  advisers. 

At  a  time  when  the  general  policy  of  this  system  was  a  qurs- 
ion  undecided,  and  its  practicability  by  such  means  as  wer^ 
vithin  the  ability  of  the  state  to  bestow,  rested,  in  a  good  measure, 
ipon  the  basis  of  theory  and  the  deductions  of  calculation,  it  wa.> 
ttoper  to  enlighten  and  arouse  the  public  sentiment  to  a  just 
'Stimate  of  its  immense  importance  to  the  best  interests  of  the  state, 
is  well  as  of  the  capacity  of  the  state  to  accomplish,  completely, 
he  great  object  proposed.  This  has  already  been  done,  bv 
he  repeated  exhibition  of  such  general  views,  facts  and  estimates, 
is  have  had  a  happy  tendency  to  allay  the  hostility  of  the  pre- 
udiced,  correct  the  misconceptions  of  the  uninformed,  and  in- 
vigorate the  resolution  of  the  timid.  The  time  when  such  a 
:ou'sewas  necessary,  it  is  presumed,  has  now  passed.  By  the 
uccessful  operations  of  the  two  past  years,  the  doubtfulness  of 
heory  i.c,  now  superseded  by  the  surer  test  of  practice,  and.  the 
ncp>Ytain  deductions  of  calculation  are  verified  by  the  actual 
r  achstone  of  experiment. 

Referring,  therefore,  for  those  general  views  of  public  policy 
)y  which  the  public  councils  of  the  state  have  heretofore  been 
5©verned  on  this  subject,  to  those  various  public  documents  now 
in  the  files  of  the  legislature,  which  have  thrown  upon  it  all  the 
ight  which  practical  science  and  the  experience  of  o:  her  countries 
lave  brought  to  our  aid,  in  the  prosecution  of  so  great  and  meri- 
oriousan  enterprise — the  committee  conceived  that  they  should 
he  best  perform  the  duties  w  hich  were  expected  of  them,  by  di- 
ecting  their  enquiries  into  the  manner  in  which  the  responsible 
rusts  confided  to  the  canal  commissioners  had  been  performed. 


422 


CANAL  LAWS,  &c. 


1819.    and  to  ascertain  the  extent  and  celerity  with  which,  for  ensuing 
—^r— J  years,  it  would  (consistent  with  that  prudent  policy  which  has 
hitherto  marked  the  measures  of  the  legislature  on  this  subject) 
be  prudent  to  recommend,  at  this  time,  the  further  prosecution  of 
these  important  works. 

The  committee  are  happy  in  being  able  to  say,  that  the  result, 
in  relation  to  both  branches  of  this  enquiry,  has  been  highly 
satisfactory  as  to  the  past,  and  eminently  encouraging  to  future 
efforts  and  operations.  The  reports  of  the  commissioners,  for 
the  past  and  present  years,  furnish  ample  evidence  of  two  impor- 
tant facts — that  the  progress  made  within  those  years  towards 
the  completion  of  these  works,  has,  thus  far,  exceeded  the  expec- 
tations which,  at  their  commencement,  had  been  encouraged  by 
the  most  ardent  of  their  patrons  and  projectors,  and  at  an  expense 
not  exceeding  the  estimates  upon  which  they  had  been  predicated — 
for  the  particular  details  which  go  to  justify  these  conclusions, 
the  committee  beg  leave  to  refer  to  those  reports — wihich  at  the 
same  time,  in  a  very  lucid  and  practical  manner,  furnish  a  full 
and  plain  exposition  of  the  whole  course  of  the  proceedings  of 
the  commissioners  in  the  execution  of  the  work.  From  these 
also  it  appears,  that  within  the  period  and  the  estimates  above 
mentioned,  about  two-thirds  of  the  expense  of  completing  the 
whole  middle  section  of  the  western  canal,  ninety-four  miles  in 
length,  has  been  already  provided  and  paid  for ;  and  that  with 
the  advantages  of  a  favorable  season  for  operations,  the  whole 
of  that  section  will,  in  all  probability,  be  in  a  state  capable  of  boat 
navigation,  in  the  course  of  the  ensuing  year. 

Within  the  same  time,  the  excavation  of  more  thar?  twe\.rC 
milos  of  the  northern  canal,  has  also  been  completed  ana1.-0*"* 
for,  and  that  of  the  residue  brought  to  a  state  which  may 
completed  within  two  or  three  months ;  and  the  forwardness  of 
the  other  artificial  works  is  such,  that  its  navigation  from  lake 
Champlain  to  the  Hudson,  may  reasonably  be  calculated  upon 
also  in  the  course  of  the  ensuing  season. 

Viewing,  then,  the  entire  completion  of  the  whole  line  of  the 
canals  from  lake  Erie  to  the  Hudson,  and  from  lake  Champlain 
to  the  navigable  waters  of  the  same  river,  as  measures  entering 
into  the  policy  which  dictated  the  commencement  of  them — as 
rapidly  as  should  be  found  compatible  with  the  resources  of  the 
state,  and  as  soon  as  should  be  fully  ascertained  to  be  practica- 
ble within  the  means  which  had  been  originally  contemplated  : — 


CANAL  LAWS,  &c.  4JJ 

and  considering  also,  the  experiment  which  has  now  been  made,  1819. 
as  a  satisfactory  test,  by  which  future  and  more  extensive  opera- v      v  ' 
tions  may  fairly  and  safely  be  judged — the  committee  have  no 
hesitation,  in  accordance  with  the  opinion  of  the  commissioners, 
and  for  the  reasons  stated  by  them,  in  recommending — 
list.  That  provision  be  immediately  made,  by  law,  for  the  entire 
completion  of  the  west  section  of  the  Erie  canal,  and  for  the 
construction  of  the  Champlain  canal,  from  Fort  Edward  to 
the  tide  waters  of  the  Hudson, 
d.  That  like  provision  be  made  for  opening  a  lateral  canal, 
from  the  main  Erie  canal  to  the  salt  works  at  Salina. 
.  That  all  persons  actually  engaged  in  working  on  the  canal, 

be  excused  from  the  performance  of  militia  duty. 
With  a  view  to  obtain  all  such  further  information,  as  the 
ctical  experience  of  the  canal  commissioners  might  enable 
m  to  communicate,  in  relation  to  the  appropriations  necessary 
carry  the  measures  hereby  recommeded  into  effect,  the  com- 
tttee  addressed  to  them  the  enquiries,  and  received  the  replies, 
ich  are  hereto  subjoined. 

TO  THE  CANAL  COMMISSIONERS. 

ENTLEMEN, 

The  joint  committee  of  the  senate  and  assembly,  to  whom 
referred  so  much  of  the  speech  of  his  excellency  the  governor, 
relates  to  the  internal  improvements  of  the  state,  have  directed 
to  request  of  you  such  information  as  it  may  be  in  your  pown 
communicate  to  them,  on  the  following  points, 
st.  Whether  any,  and  what  amount  of  funds,  in  addition  to  those 
already  provided  for,  it  may  be  deemed  necessary  to  pro- 
vide, for  the  purpose  of  completing  the  entire  Erie  canal, 
and  that  from  lake  Champlain  to  the  tide  waters  of  the 
Hudson,  and  what  amount  may,  in  their  judgment,  be  ad- 
vantageously and  profitably  expended  thereon  annually. 
.  Should  it  be  thought  expedient,  by  the  legislature,  to  pro- 
ceed immediately  to  the  completion  of  only  one  additional 
a  ction  of  the  Erie  canal,  which  of  those  sections  would  it 
be  recommended  first  to  undertake  ? 
.  In  the  event  last  mentioned,  what  additional  funds,  if  any, 
may  it  be  necessary  to  provide  for,  and  what  amount  ma\ 
be  advantageously  and  profitably  expended  on  that  section, 


424 


CANAL  LAWS,  kc. 


1819.  the  middle  section,  and  on  the  entire  route  of  the  canal,  from 

— v  '        lake  Champlain  to  the  tide  waters  of  the  Hudson,  annually  ? 

4th.  Should  it  be  thought  expedient,  by  the  legislature,  to  pro- 
ceed immediately  to  the  completion  of  the  middle  section 
only  of  the  Erie  canal,  and  of  the  entire  canal  from  Lake 
Champlain  to  the  tide  waters  of  the  Hudson,  what  additional 
funds,  if  any.  may  it  in  that  event  be  necessary  to  provide 
for ;  and  what  amount  may  be  advantageously  and  profita- 
bly expended  on  those  objects  annually? 

5th.  What  progress  (if  any)  has  been  made  in  the  assessments 
upon  lands,  which  are  provided  for  by  the  7th  section  of  the 
act  "  respecting  navigable  communications  between  the 
great  western  and  northern  lakes  and  the  Atlantic  Ocean  ?" 
and  what  are  the  difficulties  (if  any)  which  exist  in  carrying 
the  powers  thereby  granted  into  effect? 

6th.  A  suggestion  of  all  such  legislative  provisions  as  are  thought 
necessary  by  the  commissioners,  to  enable  them  to  carry 
into  effect  such  of  the  foregoing  objects  as  may  be  thought 
expedient,  and  generally  all  such  further  information, 
touching  these  subjects,  as  it  may  be  thought  useful  to  com- 
municate. 

REPLY  OF  THE  CANAL  COMMISSIONERS. 

To  the  joint  committee  of  the  Assembly  and  Senate,  to  whom  was 
referred  so  much  of  the  Speech  of  his  Excellency  the  Governor, 
as  relates  to  the  internal  improvement  of  this  state. 

Gentlemen, 

In  answer  to  the  queries  submitted,  by  you,  to  the  canal  com- 
missioners, we  would  state — 

1st.  That  the  amount  which  could  be  profitably  expended  in 
any  one  year,  would  depend  almost  entirely  on  the  character  of 
the  season  :  for  example,  had  the  construction  of  the  canals  been 
authorized,  and  the  lines  accurately  located,  previous  to  the  year 
1816,  it  is  believed  that  seven  or  eight  hundred  thousand  dollars 
might  have  been  profitably  expended,  during  such  a  year; 
whereas,  the  almost  continual  rains  of  1817  would  have  prevent- 
ed the  economical  expenditure  of  one  half  that  sum. 

Should  the  completion  of  the  whole  of  both  canals  be  author- 
ized by  the  legislature,  it  would  probably  be  prudent  to  authorize 
the  expenditure  of  a  sum  not  exceeding  six  hundred  thousand 
dollars,  in  anv  one  year,  over  and  above  the  net  avails  of  the 


CANAL  LAWS,  &c. 


425 


canal  fund;  because  in  a  very  favourable  season,  that  amount  1819. 
might  be  required ;  and  every  exertion  should  be  used  to  ad-  v^^v^ 
vance  the  work,  during  such  a  season,  as  fir  as  possible,  for  the 
excavation  of  ordinary  earth,  when  saturated  with  water,  is 
tedious  and  expensive,  and  in  swampy  grounds  where  there  is 
difficulty  in  draining,  it  may,  in  many  instances,  be  accomplish- 
ed one  hundred  per  cent,  cheaper  in  a  very  dry,  than  in  a  very 
wet  season;  and  in  preparing  and  laying  the  foundation  of  locks? 
aqueducts,  &c.  in  the  beds  of  streams,  continual  freshets  would 
produce  still  greater  sacrifices. 

2d.  The  commissioners  have  no  hesitation  in  saying,  that  the 
Western  section  should  be  first  completed. 

By  a  reference  to  the  former  estimates  of  the  commissioners, 
it  will  be  perceived  that  it  was  calculated  that  the  Erie  canal 
from  Utica  to  Albany,  ninety-eight  miles,  (and  less  than  one 
third  of  the  whole  distance)  would  cost  $2,036,177 — whereas, 
from  Utica  to  Lake  Erie,  254  miles,  the  estimated  cost  was  only 
$2,845,561.  It  is  obvious,  then,  that  the  eastern  is  the  most 
difficult,  and  most  expensive  section  of  the  Erie  canal ;  and  it 
is  equally  apparent,  that  these  difficulties  and  expenses  will  be 
more  easily  overcome  and  obviated,  by  the  accumulated  and  ma- 
tured experience  which  will  have  been  acquired  by  the  commis- 
sioners and  contractors,  in  the  previous  execution  of  the  more 
easy  parts  of  the  canal.  The  Mohawk  river  furnishes  at  present 
i  partial  navigation,  the  descending  trade  on  which  is  much  less 
?xpensive  than  on  land.  A  canal  by  the  side  of  the  Mohawk 
itfill,  therefore,  int  only  cost  much  more  than  an  equal  distance 
mi  the  western  section,  but  its  immediate  beneficial  effects  will 
)e  much  less  sensibly  felt,  because  every  mile  of  canal  which  is 
nade  from  the  Seneca  river  west,  draws  from  the  surrounding 
:ountry  an  increase  of  trade,  which  not  only  passes  over  that 
nile,  but  also  through  the  whole  extent  of  the  middle  section, 
ielding  thereby  an  accumulation  of  revenue  to  the  state  from 
he  works  already  made. 

The  sooner  the  canal  is  extended  from  the  Seneca  river  to 
^ake  Erie,  the  sooner  will  those  commercial  connexions,  which 
lave  been  or  are  about  to  be  formed,  between  our  western  citi- 
ens  and  Montreal,  be  destroyed,  or  prevented;  the  sooner  will 
be  western  forests  be  cleared  and  cultivated  by  an  enterprising 
opulation,  and  the  sooner  will  the  full  tide  of  western  commerce 
?t  towards  the  commercial  metropolis  of  the  state. 

54 


CANAL  LAWS,  &c. 


3d.  It  would  not  lessen  the  expenditures  but  little,  were  the 
eastern  section  omitted  ;  because,  were  the  whole  authorized,  the 
commissioners  would  not  be  able  immediately  to  spread  their  ex- 
ertions through  the  whole  line ;  they  would  probably  not  do 
much  more  on  the  eastern  section,  at  present,  than  carefully  to 
re-survey  and  re-examine  all  its  difficulties,  with  a  view  to  un- 
derstand, as  far  as  possible  the  most  practicable  and  economical 
mode  of  construction, 

4th.  It  might  lessen  the  expenditure  of  next  season  about 
$200,000,  because  most  of  the  contractors  will  have  finished 
their  jobs  of  excavation  by  the  middle  of  August  next ;  and  un- 
less another  section  is  authorized,  they  will  be  out  of  the  em- 
ployment of  the  state  about  one  half  the  season. 

5th.  No  progress  has  been  made  by  the  commissioners,  to  lay 
the  assessment  of  two  hundred  and  fifty  thousand  dollars,  au- 
thorized by  the  seventh  section  of  the  act,  entitled  "An  act  re- 
specting navigable  communications  between  the  great  western 
and  northern  lakes  and  the  Atlantic  ocean."  No  time  is  men- 
tioned in  the  act,  when  this  assessment  is  to  be  laid,  and  it  is  very 
obvious,  that  it  can  be  laid  in  a  much  more  equitable  manner  af- 
ter the  canal  shall  have  been  put  into  operation.  Indeed,  the 
commissioners  believe  that  justice  could  not  re  done  by  an  im- 
mediate apportionment  of  this  tax.  Many  la*j  tcts  of  land 
adjoining  the  canal,  and  lying  on  a  lower  level,  will  be  wholly 
or  in  part  reclaimed  from  a  marshy  and  unproductive  state,  by 
intercepting  and  carrying  off,  through  the  canal,  the  waters  by 
which  they  had  previously  been  over-flowed,  but  to  what  extent 
this  result  will  be  produced,  cannot,  with  any  considerable  accu- 
racy, be  at  present  ascertained.  Villages  will  also  spring  up, 
and  the  lands  become  thereby  very  valuable  in  many  places, 
where  great  roads  are  intersected  by  the  canal. 

In  addition  to  these  considerations  for  delay,  the  commission- 
ers have  been  so  incessantly  occupied  in  devising  plans,  forming 
contracts,  and  attending  to  all  their  pressing  and  multifarious  du- 
ties, that  it  was  impossible  for  them,  without  suspending  the 
work,  to  devote  any  time  to  the  apportionment  of  this  tax. 

6th.  The  commissioners  have  no  additional  suggestions  to 
make,  other  than  to  refer  the  committee  to  their  last  report. 

DE  WITT  CLINTON. 
SAMUEL  YOUNG, 
EPHRAIM  HART. 

Mbany,  Wh  February.  1810, 


CANAL  LAWS,  fee, 


xxvir. 

LEGISLATIVE  PROCEEDINGS  IN  1819. 
On  the  8th  of  March,  the  bill  "  concerning  the  great  western 

and  northern  canals,"  was  under  discussion  in  the  Assembly  

On  the  2d  section,  which  empowered  the  canal  commissioners  "  to 
"  proceed  and  open  communications  by  canals  and  locks,  between 
"  the  Seneca  river  and  lake  Erie — between  such  point  on  the 
11  Mohawk  river,  where  the  middle  section  of  the  great  western 
"  canal  shall  terminate,  and  the  Hudson  river — between  Fort  Ed- 
"  ward  and  the  navigable  waters  of  the  Hudson  river,  and  be- 
a  tween  the  great  western  canal  and  the  salt  works  in  Salina,"  a 
division  was  called.  Eighty  members  voted  for  the  section,  the 
following  gentlemen  voting  against  it. 


Mr.  Barker, 

Mr.  Ostrander, 

Mr.  Carman, 

Mr.  Requa, 

Mr.  Clark, 

Mr.  Romaine, 

Mr.  Conklin, 

Mr.  Root, 

Mr.  Crolius. 

Mr.  Schenck, 

Mr.  Deyo, 

Mr.  I.  Thompson, 

Mr.  Ells, 

Mr.  Van  Buren. 

Mr.  J.  Guioii, 

Mr.  Watkins, 

Mr.  Humphrey. 

Mr.  Weed, 

Mr.  Hunter. 

xMr.  H.  Wells, 

Mr.  Keeler, 

Mr.  Williams, 

Mr.  Litchfield, 

Mr.  Youngs, 

Mr.  OsLorn, 

On  the  next  day,  the  Oth.  Mr.  Van  Buren  moved  that  the  Wank 
intlje  first  section  of  the  bill,  left  for  the  sum  which  the  com- 
missioners of  the  canal  fund  were  authorised  to  borrow  yearly, 
should  be  filled  with  800,000  dollars.  The  motion  was  negati- 
ved 58  to  52. 

On  the  18th  of  March,  the  canal  commissioners,  having  been 
so  required  by  the  assembly,  made  a  report  of  the  names  of  all 
the  contractors  who  had  relinquished  their  contracts,  with  the 
amount  paid  to  each,  the  names  of  those  who  had  undertaken  to 
complete  the  sections  thus  given  up,  and  the  amount  they  were  to 
receive  for  the  same  :  also  the  sums  paid  or  agreed  to  be  paid, 
by  the  canal  commissioners,  to  any  contractors  over  and  above 


428 


CANAL  LAWS,  &c. 


1819.    the  sum  stipulated  to  be  paid  them  by  their  contract,  on  account 
— -v — '  of  quicksand,  hardpan,  gypsum,  clay,  or  other  unforeseen  ob- 
structions, made  their  report. 

On  the  22d  of  March,  the  comptroller  made  a  report  in  obedi- 
ence to  a  resolution  of  the  assembly,  moved  by  Mr.  Duer,  requiring 
him  to  report  whether  the  canal  commissioners  had  rendered  their 
accounts  and  vouchers  for  the  expenditure  of  the  sum  of  $666,900 
received  by  them  from  the  commissioners  of  the  canal  fund,  in  the 
years  1817  and  1818  ;  and  whether  the  said  canal  commission- 
ers had  rendered  their  accounts  and  vouchers  for  the  expendi- 
ture of  the  balance  remaining  in  their  hands  before  the  period 
above  specified  ;  and  in  case  such  accounts  and  vouchers  have 
been  rendered,  that  the  comptroller  report  the  amount  of  the  sev- 
eral sums  charged  and  deducted  by  the  said  canal  commission- 
ers for  their  compensation  ;  and  for  the  salaries  and  commissions 
paid  to  their  officers  and  agents  respectively,  together  with  the 
names  of  the  several  persons  receiving,  or  who  may  have  receiv- 
ed the  same. 

By  this  report,  it  appeared  that  the  expenditures  in  the  years 
1817,  1818,  and  to  the  11th  of  March  1819,  charged  in  the  ac- 
count of  the  canal  commissioners,  were  for  excavations,  embank- 
ments, bridges,  stone,  waste  wiers,  culverts,  locks,  aqueducts,  lime, 
fences,  plank,  houses  and  land  taken  on  appraisement,  appraisers* 
services,  occupation  bridges,  engineers,  agents,  &ic.  on  the  west- 
ern canal,  and  amounted  to  $487,459  82  advanced,  and  the 
amount  absolutely  allowed  was  $77,795  72  ;  and  on  the  north- 
ern canal  they  amounted  to  $65,960  99,  advanced,  and  ^81 ,095 
67,*?absolutely  allowed.  Samuel  Young,  acting  commissioner, 
and  secretary,  salary  for  1817,  $2,500.  A  recapitulation  of  all 
the  details,  shews,  that  on  the  Erie  canal,  the  sum  of  $565^255 
55  was  advanced  and  allowed,  and  on  the  Champlain  canal, 
$147,056  66.  Expenses  belonging  to  both  canals,  $7,071  08. 
Total  $719,383  29.  Miscellaneous  expenses  are  stated  at  $1,- 
952  07.  The  monies  charged  in  B.  Wright's  account,  [he  was 
one  of  the  engineers,]  amount  to  $17,846  79,  consisting  of  com- 
pensation to  engineer  prior  to  April  1817,  at  $5  per  day,  and 
since  that  time  at  $1500  salary  per  year,  of  compensation  to  as- 
sistant engineers,  surveyors,  agents,  and  laborers  ;  payments  on 
account  of  aqueducts  and  culverts,  for  timber,  iron  work,  Uc.  The 
monies  charged  in  the  account  of  Isaac  Briggs,  also  an  engineer, 
amounted  to  $9,149  36  ;  of  Canvass  White,  assistant  engineer, 


CANAL  LAWS,  fee. 


io  $'1,484  10;  of  Andrew  A.  Bartow,  an  agent,  to  $2,770  85  ;  to  1819. 
Uri  Doolittle,  also  an  agent,  to  $739  69.  The  salaries  and  trav-  ^-v~^ 
elling  expenses  of  the  canal  commissioners  who  acted  as  super- 
intendents of  the  surveys  and  levels  taken  in  1816,  and  the  trav- 
elling expenses  and  boarding  of  all  the  commissioners  in  that 
year,  and  the  compensation  paid  by  them  to  their  engineers,  sur- 
veyors and  agents,  amounted  to  $12,319  67. 

On  the  24th  of  March,  Henry  Seymour  was  appointed  a  canal 
commissioner,  in  the  place  of  Joseph  Ellicott,  resigned.  On  the 
'  same  day,  the  discussion  of  the  bill  concerning  the  great  western 
and  northern  canals,  was  resumed  in  the  assembly.  The  salary 
of  an  acting  canal  commissioner  was  fixed  at  $2,500,  by  a  vote 
of  the  assembly.  The  sum  authorised  to  be  borrowed  yearly,  at 
$700,000,  and  the  assessment  of  the  tax  upon  lands  within  25 
miles  of  the  canals,  was  suspended. 

On  the  25th  of  March,  the  sum  allowed  to  be  borrowed  year- 
ly, was  limited  to  $600,000,  he. 

On  the  first  of  April,  the  Senate  went  into  committee  of  the 
iwhole  on  the  bill  as  passed  by  the  assembly,  and  on  the  2d,  ha- 
ving resumed  the  consideration  of  the  bill,  the  Senate  passed  it 
with  amendments.  The  two  houses  eventually  passed  it  into  a 
law. 

On  the  13th  of  April,  the  two  houses  directed  by  concurrent 
{resolution,  "  a  survey  to  be  made  from  the  mouth  of  the  Oswego 
river,  up  the  same,  to  three  river  point,  thence  up  the  Seneca  riv- 
er to  the  outlet  of  the  Onondaga  lake,  and  thence  up  the  said 
outlet,  the  length  thereof,  with  a  view  of  ascertaining  the  im- 
provements of  which  the  waters  of  those  streams  are  susceptible, 
as  respects  their  navigation." 

During  this  session,  Mr.  Bacon  from  the  joint  committee  of 
the  Senate  and  Assembly,  on  so  much  of  the  speech  of  his  excel- 
lency the  Governor,  as  relates  to  the  internal  improvements  of 
the  state,  to  whom  were  referred  the  several  petitions  of  the  in- 
habitants of  the  counties  of  Jefferson,  Oswego,  Niagara,  Onon- 
daga and  Oneida,  praying  that  suitable  means  may  be  adopted 
by  the  state  for  the  improvement  of  the  navigation  of  the  Oswego 
river,  so  as  to  connect  the  waters  of  lake  Ontario  with  those  of 
the  great  western  canals,  reported  : 

That  the  improvement  of  the  Oswego  river,  and  the  other  na\ 
igable  communications  between  Lake  Ontario  and  the  navigabl< 
waters  leading  to  the  Atlantic  ocean,  has,  from  an  early  period. 


430 


CANAL  LAWS,  Sec; 


1819.  been  received  by  the  state  as  an  object  well  worthy  the  public 
r-v-^»/  attention,  and  must  now,  undoubtedly,  be  considered  as  an  im- 
portant link  in  the  great  chain  of  internal  navigation,  which  is 
now  prosecuting  under  the  most  happy  auspices,  and  promising 
the  most  beneficial  results  to  the  commercial  and  agricultural  in- 
terests of  the  country ;  but  that  it  would  be  inconsistent  with 
that  prudent  policy  which  has  hitherto  guided  the  councils  of  the 
state  on  this  subject,  to  authorise  the  execution  of  any  project  of 
so  extensive  a  nature,  without  a  careful  examination  of  the  prac- 
ticability of  the  object,  of  the  difficulties  to  be  encountered,  and 
an  estimate  of  the  means  necessary  to  effect  it.  For  the  attain- 
ment of  which  information,  the  committee  recommend,  that  the 
canal  commissioners  be  authorised  to  procure  and  direct  such  sur- 
veys and  examinations  to  be  made,  as  to  them  shall  appear  ne- 
cessary and  proper,  in  relation  to  this  object,  and  that  they  re- 
port the  same  to  the  legislature,  at  their  next  session,  with  their 
estimates  and  opinion  thereupon  ;  for  which  purpose  the  commit- 
tee ask  leave  to  report  a  bill. 

Mr.  Duer  also  moved  a  resolution,  which  was  adopted  in  these 
words  : 

Resolved,  That  the  canal  commissioners  be  requested  to  re- 
port to  this  house,  whether  any  proposition  has  been  made  or 
communicated  to  them  by  the  Western  inland  lock  navigation 
company,  relative  to  the  sums  demanded  or  contemplated  to  be 
received  by  them,  for  their  interest  under  their  incorporation. 

During  this  session  also,  Mr.  A.  Hamilton  offered  the  follow- 
ing resolution  : 

Resolved,  That  the  committee  on  canals,  report  to  the  house, 
whether  it  would  not  be  advisable  so  to  modify  the  7th  section  of 
the  act  relative  to  canals,  passed  April  15th,  1817,  that  the  state 
shall  assume  the  payment  of  the  sum  contemplated  to  be  raised 
by  assessment,  on  the  lands  supposed  to  be  benefited  by  the  canal, 
reserving  to  the  state  the  privilege  of  reimbursing  the  treasury, 
when  the  canal  shall  be  in  successful  operation,  by  enforcing  the 
assessment  authorised  by  the  section  proposed  to  be  modified. 

Which  was  ordered  to  be  laid  upon  the  table. 


(  ANAL  LAWS,  Ik 


431 


XXVIII.  is  10. 

AN  ACT  1  v — ' 

To  authorise  the  construction  of  a  Harbor  at  the  mouth  of  Buffalo 
Creek,  on  Lake  Erie. 

Passed  April  7,  1810. 

I.  BE  it  enacted  by  the  people  of  the  State  of  New-York,  re- 

*      *  f. .  .in  12,000  dollars 

presented  in  Senate  ana  Assembly,  That  it  shall  and  may  be  law- M*i>r"Pnated 
ful  for  the  comptroller  to  lend  to  Jonas  Harrison,  Ebenezer  Wal-  ftc."  *r  °r' 
den,  Heman  B.  Porter,  John  G.  Camp,  Oliver  Forward,  Albert 
H.  Tracy,  Ebenezer  Johnson,  Ebenezer  F.  Norton  and  Charles 
Townsend,  all  or  any  of  them,  the  sum  of  twelve  thousand  dol- 
lars, out  of  any  unappropriated  money  in  the  treasury,  on  receiv- 
ing good,  sufficient  and  satisfactory  security,  by  a  bond  and  mort- 
gage, or  bonds  and  mortgages,  the  land  mortgaged  to  be  free  and 
clear  from  all  incumbrances  whatsoever,  conditioned  for  the  re- 
payment of  the  money  in  ten  years  from  the  date  of  such  bond 
and  mortgage,  with  lawful  interest,  annually,  to  commence  five 
years  from  and  after  the  date  of  such  bond  and  mortis ;age  :  and 
conditioned  further,  that  the  said  money  shall  be  applied  to- 
wards the  construction  of  a  harbor  at  the  mouth  of  Buffalo  creek, 
on  Lake  Erie,  for  the  security  of  vessels  navigating  on  the  said 
lake,  in  such  form  and  in  such  manner  as  the  canal  commission- 
ers, appointed  by  an  act  respecting  navigable  communication- 
between  the  great  western  and  the  northern  lakes  and  the  waters 
of  the  Hudson,  shall  direct  and  order:  And  further,  the  said  per- 
sons above  named,  or  a  major  part  of  them,  shall  execute,  before 
receiving  said  money,  a  joint  bond  to  the  people  of  the  state  of 
New-York,  in  the  penal  sum  of  five  thousand  dollars  ;  which 
shall  be  regarded  as  stipulated  damages  conditioned  that  the  said 
money  shall  be  faithfully  expended  for  the  sole  purpose  contem- 
plated by  this  act. 

II.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the  Du(y  01  >naI 

wm  .  .  *  comtnusioiicrs. 

said  canal  commissioners  to  view  and  examine,  or  cause  to  be 
viewed  and  examined,  the  entrance  into  Buffalo  creek ;  and  if  they 
shall  be  of  the  opinion  that  it  may  be  so  improved  as  to  render  it 
necessary  or  useful  as  connected  with  the  canal  from  Lake  Erie 
to  the  tide  waters  of  the  Hudson  river,  they  shall  direct  the  man- 
ner in  which  the  same  shall  be  improved  :  and  may  and  shall  ap- 
point one  or  more  agents  to  superintend  the  construction  of  such 
works  as  may  be  necessary  therefor :  and  shall  also  give  notirr. 


432 


CANAL  LAWS,  &c. 


1819.    in  writing,  to  the  comptroller,  of  such  their  opinion  and  appoint- 
ment;  and  it  shall  thereupon  be  lawful  for  the  comptroller,  at 
Comptroller.    an^  time  hereafter,  to  audit  and  settle  any  account  of  the  ex- 
penditure of  the  said  sum  of  money,  in  manner  and  for  the  pur- 
pose aforesaid,  and  to  endorse,  from  time  to  time,  the  amount  of 
such  expenditure,  or  to  cancel  and  discharge  the  said  bond  and 
mortgage ;  and  he  shall  also,  from  time  to  time,  charge  to  the 
canal  fund  the  amount  of  such  expenditure,  and  place  a  corres- 
ponding credit  to  the  general  funds  of  the  treasur}'. 
III.  And  beit  further  enacted,  That  if  the  said  canal  commission- 
Further  pow-ers  sna]i  not  within  six  months  from  and  after  the  passing  of  this 

ers  of  canul  r  ° 

commissioners,  act,  commence  the  survey  of  said  harbor,  as  prescribed  by  the 
second  section  of  this  act,  or  if  they  determine  that  the  said  har- 
bor at  Buffalo  creek  ought  not  to  be  constructed  at  the  expense 
of  the  state,  and  considered  as  part  of  or  connected  w  ith  the  canal 
from  Lake  Erie  to  Hudson's  river,  and  shall  give  notice  thereof 
to  the  persons  who  may  give  the  security  for  the  said  sum  of 
money ;  they  may  thereupon,  from  time  to  time,  receive  as  may 
be  wanted  for  the  advancement  of  the  work,  proceed  to  expend 
the  same  in  such  manner  as  shall  or  may  be  approved  of  by  them, 
or  a  majority  of  them,  in  the  construction  of  a  safe  and  secure 
harbor  for  vessels  as  aforesaid  ;  and  in  this  event  they  shall  ex- 
pend the  said  sum  of  money  for  the  purpose  aforesaid,  within  two 
years  from  the  receipt  of  such  notice  aforesaid,  and  within  three 
months  thereafter  account  with  the  comptroller  for  the  expenditure 
thereof;  and  it  shall  and  may  be  lawful  for  the  persons  borrow- 
ing and  securing  the  said  sum,  with  the  consent  of  said  canal 
commissioners,  and  under  such  regulations  as  they  shall,  from 
time  to  time,  prescribe,  to  impose,  levy  and  collect  such  sum  per 
ton,  on  each  vessel  which  may  enter  the  harbor  hereby  authori- 
sed to  be  constructed,  as  a  remuneration  for  any  advances  which 
they  make  in  constructing  the  said  harbor  and  keeping  the  same 
in  repair. 

Shares  to  be  IV.  And  be  it  further  enacted,  That  the  persons  who  shall 
improve  the  harbor  aforesaid,  may  divide  the  amount  of  expen- 
ditures into  as  many  shares  as  they  may  think  proper  ;  and  they 
and  their  associates  may  make  such  by-rules,  laws  and  regula- 
tions, to  be  approved  of  by  the  said  canal  commissioners,  for  the 
management  and  protection  of  the  said  harbor,  and  the  collec- 
tion of  the  tolls,  and  the  distribution  of  the  income,  as  they  may 
deem  proper. 


CANAL  LAWS,  fee. 


433 


1810. 

AN  ACT  ^— v— ' 

Concerning  the  Great  Western  and  Northern  Canals. 

Passed  April  7,  1810. 

I.  Be  it  enacted  by  the  people  of  the  state  of  New-York,  repre-  Additional 
tented  in  senate  and  assembly,  That  it  shall  be  the  duty  of  the^ed!beb0i" 
commissioners  of  the  canal  fund,  in  addition  to  the  sums  which 
they  are  already  authorised  to  borrow,  to  borrow,  from  time  to 
time,  monies,  on  the  credit  of  the  state,  at  a  rate  not  exceeding; 
six  per  centum  per  annum,  and  not  exceeding  in  any  one  year  a 
sum,  which  together  with  the  net  income  of  the  canal  fund,  and 
with  the  sums  which  they  are  already  authorised  to  borrow,  shall 
amount  to  six  hundred  thousand  dollars  ;  for  which  monies  so 
to  be  borrowed,  certificates  of  stock  shall  be  issued  in  the  man- 
ner directed  in  and  by  the  act  entitled  "  an  act  to  improve  the 
funds,  and  to  provide  for  the  redemption  of  the  funded  debt  of 
this  state,"  payable  at  such  time  or  times  as  may  be  determined 
by  the  said  board,  out  of  the  said  canal  fund,  and  to  pay  to  the 
canal  commissioners  the  monies  so  to  be  borrowed. 

H.  And  be  it  further  enacted,  That  the  canal  commissioners  be  Canalstote 
and  they  are  hereby  authorised  and  empowered,  in  behalf  of  this  extcnded# 
state,  and  on  the  credit  of  the  canal  fund,  to  proceed  to  open 
communications  by  canals  and  locks,  between  the  Seneca  river 
and  lake  Erie ;  between  such  point  on  the  Mohawk  river, 
where  the  middle  section  of  the  great  western  canal  shall  ter- 
minate and  the  Hudson  river  ;  between  Fort  Edward  and  the 
navigable  wateis  of  the  Hudson  river,  and  between  the  great 
western  canal,  and  the  salt  works  in  the  village  of  Salina ;  to 
receive,  from  time  to  time,  from  the  commissioners  of  the  canal 
fund,  such  monies  as  may  be  necessary  for  and  applicable  to  the 
objects  hereby  contemplated ;  to  cause  the  same  to  be  expend- 
ed in  the  most  economical  and  prudent  manner  in  all  such 
works  as  may  be  proper  to  make  the  said  canals  and  locks,  and 
on  completing  any  of  the  works  contemplated  by  this  act ;  to 
establish  reasonable  tolls,  and  adopt  all  measures  necessary  for 
the  collection  and  payment  thereof  to  the  commissioners  of  thr 
canal  fund. 

III.  And  be  it  farther  enacted,  That  all  the  provisions  of  the  Ltnd«,£r.  h 
third  section  of  the  act  entitled  "  an  act  respecting  navigable  be  entcr«d  0J» 
communications  between  the  great  western  and  northern  lake* 


434 


CANAL  LAWS,  &*. 


1819.    and  the  Atlantic  ocean,"  as  it  respects  the  powers  of  the  canal 

*  v  1  commissioners  to  enter  upon  and  take  possession  of  the  lands, 

waters  and  streams  therein  mentioned,  the  construction  of  all  ne- 
cessary artificial  works  thereon,  the  mode  of  estimating  and  ap- 
praising the  loss  and  damage  occasioned  thereby  to  the  owners 
and  proprietors  of  such  lands  ;  and  the  payment  of  the  dama- 
ges to  be  so  assessed  and  appraised,  shall  be  extended  to  and 
apply  to  all  and  singular  any  lands,  waters  and  streams  necessa- 
ry for  the  prosecution  of  the  improvements  intended  by  this 
act ;  and  the  same  proceedings  shall  be  had  for  estimating  and 
appraising  the  loss  and  damage  occasioned  by  the  occupation 
thereof,  and  for  payment  of  the  same,  as  in  and  by  the  thir 
section  of  the  said  act  is  provided  in  relation  to  the  lands  therein 
mentioned. 

Exempt  from  IV.  And  be  it  further  enacted.  That  every  person  actually  en- 
inihtia  uty.  gage(j  m  laboring  on  either  of  the  canals  authorised  by  this  act, 
or  the  act  respecting  navigable  communications  between  the 
great  western  and  northern  lakes  and  the  Atlantic  ocean,  shall  be 
exempt  from  doing  militia  duty  in  this  state,  except  in  cases  of 
insurrection  or  invasion,  during  the  time  when  he  is  so  actually 
engaged  ;  and  the  certificate  of  one  of  the  canal  commissioners 
or  contractors  who  shall  employ  such  men  so  liable  to  perform 
militia  duty,  in  the  performance  of  their  contracts,  shall  be  pri- 
ma facia  evidence  of  such  engagement. 
Assessments  V.  And  be  it  further  enacted,  That  the  assessments  upon  cer- 
suspnded.  tam  ]an(js  which  are  directed  to  be  made  by  the  seventh  section 
of  the  act  respecting  navigable  communications  between  the 
great  western  and  northern  lakes  and  the  Atlantic  ocean,  shall 
be  suspended  until  the  further  order  of  the  legislature  thereon : 
And  further,  That  whenever  the  legislature  shall  direct  the  as- 
sessment and  collection  of  such  tax,  a  similar  tax  shall  be  assess- 
ed and  collected  on  the  sections  authorised  by  this  act,  and  on 
the  like  principles  as  declared  in  said  seventh  section. 

Accounts  VI.  And  be  it  further  enacted,  That  it  shall  be  the  duty  of  the 
when  to  be 


in 


settled.  °    6  canal  commissioners,  on  or  before  the  first  day  of  February, 

each  and  every  year,  to  settle  and  account  with  the  comptroller 
for  all  monies  by  them  received  from  the  commissioners  of  the 
canal  fund  ;  and  it  shall  be  the  duty  of  the  comptroller  to  report 
the  settlement  so  made  to  the  legislature,  as  soon  thereafter  as 
may  be,  detailing  the  sums  allowed  by  them  to  the  engineers, 
agents  and  servants,  respectively  employed  in  the  superintend* 


CANAL  LAWS,  kc. 


commissioner? 


ence  and  construction  of  said  canal  and  the  works  connected 
therewith.  v  v 

VII.  And  be  it  further  enacted,  That  there  shall  be  allowed  and  Pay  of  the 
paid  to  such  of  the  canal  commissioners  (to  be  designated  by 
the  board,  and  not  to  exceed  three  in  any  one  year)  as  shall  be 
actually  engaged  in  the  superintendence  of  the  works  and  the 
immediate  duties  connected  therewith,  in  full  compensation  for 
their  services  and  personal  expenses,  a  salary  of  twenty-five  hun- 
dred dollars  each,  a  year,  to  commence  on  the  first  day  of  Janua- 
ry last. 


AN  ACT 

Declaring  the  Terms  and  Conditions  of  a  Grant  of  Lands  from 
the  Holland  Land  Company  for  the  use  of  the  People  of  this 
State. 

Passed  April  13,  1819. 

WHEREAS,  in  pursuance  of  the  act  entitled,  "an  act  further 
to  provide  for  the  improvement  of  the  internal  navigation  of  the 
state,"  the  commissioners  therein  named  did  heretofore  procure 
fromWilhem  Willink,  Nicholas  Van  Staphorst,  Peter  Van  Eeghen, 
Hendrick  Vollenhoven  and  Rutger  Van  Schimmelpennick,  of  the 
United  Netherlands,  composing  the  Holland  Land  Company,  so 
called,  and  acting  by  their  general  agent,  Paul  Busti,  Esquire,  of 
the  city  of  Philadelphia,  a  voluntary  cession  or  conveyance,  to 
the  use  of  the  people  of  this  state,  of  two  tracts  of  land  situate  in 
the  county  of  Cattaraugus,  containing  together  one  hundred 
thousand  six  hundred  and  thirty-two  acres,  for  the  purpose  of 
establishing  a  fund  to  be  applied  towards  the  opening  of  an  inland 
navigation  from  Lake  Erie  to  Hudson's  river,  as  by  reference  to 
a  certain  indenture,  under  the  hands  and  seals  of  the  several  grant- 
ors above  named,  bearing  date  the  first  day  of  March,  in  the  year 
one  thousand  eight  hundred  and  fourteen,  may  more  at  large  ap- 
pear :  And  whereas  the  said  cession  or  conveyance  was  so  made 
under  an  agreement  and  upon  certain  conditions  to  the  eflect  fol- 
lowing, that  is  to  say  :  if  the  contemplated  inland  navigation  be- 
tween Lake  Erie  and  Hudson's  river  should  not  be  effectually  com- 
pleted, so  as  to  afford  a  good  water  communication  between  the 
said  lake  and  river,  for  boats  of  at  least  five  tons  burthen,  by  the 


436 


CANAL  LAWS,  &c. 


181Q.  nineteenth  day  of  August,  in  the  year  one  thousand  eight  hun- 
*  J  dred  and  forty-two  ;  that  in  such  case  the  said  lands  and  premi- 

ses, described  in  and  granted  by  the  said  indenture,  or  so  much 
and  such  parts  of  them  as  shall  then  remain  unsold  and  undispo- 
sed of,  shall  thereupon  revert  to  and  become  vested  in  the  said 
grantors  and  the  survivors  or  survivor  of  them,  their  or  his  heirs 
or  assigns,  in  fee  simple,  according  to  the  estate  and  interest,  and 
with  the  same  powers,  rights  and  privileges  which  the  said  grant- 
ors had  and  held  therein  immediately  before  the  date  of  the  said 
indenture,  and  free  from  all  taxes,  charges  and  assessments  what- 
soever; and  as  to  so  much  of  the  said  lands  as  shall  have  been 
then  sold,  or  for  which  contracts  of  sale  shall  then  have  been  made 
by  or  under  the  authority  of  the  people  of  this  state,  that  the 
monies  arising  from  or  which  may  be  due  and  unpaid  upon  such 
sale  or  contracts  of  sale,  shall  be  accounted  for  and  paid  to  them 
the  said  grantors,  or  the  survivors  or  survivor  of  them,  their  or 
his  heirs  or  assigns,  by  the  people  of  this  state  ;  and  as  to  so 
much  of  the  said  lands  as  shall  then  have  been  otherwise  sold  or 
disposed  of,  that  the  people  of  this  state  shall  account  to  and  sat- 
isfy the  said  grantors  and  the  survivors  and  survivor  of  them, 
their  or  his  heirs  or  assigns,  for  the  same,  according  to  their  fair 
and  actual  value  at  the  time  of  such  sale  or  disposition  thereof, 
so  however  that  a  sum  not  less  than  one  dollar  shall  be  allowed 
and  paid  for  every  acre  of  the  said  land  which  may  in  any  man- 
ner be  sold  or  disposed  of  as  aforesaid. 
Grant  accept-  I.  BE  it  therefore  declared  and  enacted  by  the  People  of  the 
State  of  New- York,  represented  in  Senate  and  Assembly ',  That 
the  said  cession  or  conveyance  is  accepted,  subject  to  the  agree- 
ment and  conditions  herein  before  recited ;  and  the  faith  of  the 
people  of  the  state  of  New-York  is  hereby  pledged  to  the  due 
fulfilment  and  performance  of  the  same. 

II.  And  be  it  further  enacted,  That  all  the  lands,  tenements 
Lands  remain-  amj  hereditaments  mentioned  and  described  in  the  said  indenture, 

unsold  in 

1842  to  revei-t  an(j  therebv  granted,  which  shall  remain  unsold  and  undisposed 

to  the  Holland  r  j-lu 

company.  of  on  the  said  nineteenth  day  of  August,  one  thousand  eight  hun- 
dred and  forty-two,  shall,  ipso  facto,  revert  to  and  become  vested 
in  the  said  grantors  and  the  survivors  or  survivor  of  them,  their 
or  his  heirs  or  assigns,  as  of  the  estate  and  interest,  and  with  the 
like  rights,  powers  and  privileges  which  they  the  said  grantors 
had  and  held  therein  immediately  before  the  date  and  execution 
of  the  said  indenture,  and  free  and  discharged  of  and  from  all 


CANAL  LAWS,  &c. 


4.>: 


axes,  assessment!?  and  dispositions  whatsoever,  unless  the  con-  1820. 

emplated  inland  navigation  between  Lake  Erie  and  Hudson's v  v  ' 

•iver  shall  be  by  that  day  effectually  completed  in  the  manner 
icreiii  before  specified,  any  thing  in  the  said  indenture  contained 
o  the  contrary  notwithstanding. 

XXIX. 

Extracts  from  the  Governors  Speech,  to  the  Legislature,  in  1820. 

:  The  successful  progress  of  the  important  channels  of  commu-   Governor  D. 

.      •  .       .      i  .  .„  ,  ,      .        .   „  W.  Cliaton's 

ication  now  opening  in  this  state,  will  have  a  benign  influence,  Speech, 
ot  only  in  producing  facility  and  cheapness  of  transportation 
jt  the  proceeds  of  labor,  but  also  in  creating  markets  foMheir 
onsumption.    Already  do  we  perceive  the  establishment  of  vil- 
ages  on  the  borders  of  the  great  canal :  and  the  raw  materials 
f  the  husbandman,  obtained  with  comparative  ease  and  cheap- 
ess,  by  the  manufacturer,  will  be  converted  into  articles  of  ac- 
ommodation  and  comfort.  This,  in  time,  will  establish  on  a  solid 
oundation,  an*  important  interest,  which  will  use  the  fruits  of 
griculture,  as  well  in  the  fabrication  of  commodities,  as  in  the 
ustenance  of  human  life.    And  thus,  by  the  reciprocal  action  of 
tenign  influences,  the  great  departments  of  productive  labor  will 
larmoniously  co-operate  in  creating  individual  and  national  op- 
iilence.    The  carriers,  buyers,  and  venders  of  commodities,  will 
onstitute  an  important  class  in  the  interior  ;  and  the  great  acces- 
sion to  the  other  professions  and  pursuits,  and  the  general  aug- 
mentation of  our  population,  in  consequence  of  our  growing 
prosperity,  will  enable  us  to  carry  on  a  vast  system  of  internal 
rade,  which  will,  in  a  great  measure,  supersede  the  necessity  of 
breign  markets. 

"  The  middle  section  of  the  western  canal,  including  a  lateral 
anal  to  Salina,  and  comprising  a  distance  of  nearly  ninety-six 
niles,  has  been  completed.  On  the  twenty-third  day  of  Octo- 
)er  last,  the  commissioners  navigated  it  from  Utica  to  Rome, 
md  found  their  most  sanguine  expectations  realized,  in  the  ce- 
city, economy  and  excellence  of  its  execution.  And  on  the 
wenty-fourth  day  of  November,  the  Champlain  canal  was  also 
n  a  navigable  state.  In  less  than  two  years  and  five  months, 
>ne  hundred  and  twenty  miles  of  artificial  navigation  have  been 


4J8  CANAL  LAWS,  lee. 

1820.  finished;  and  thus  the  physical,  as  well  as  financial  practicability 
*  '  of  uniting  the  waters  of  the  western  and  northern  lakes  with  the 
Atlantic  ocean,  has  been  established  beyond  the  reach  of  doubt 
or  cavil.  The  efforts  of  direct  hostility  to  the  system  of  inter- 
nal improvements  will  in  future  be  feeble.  Honest  and  well  dis- 
posed men,  who  have  hitherto  entertained  doubts,  have  yielded 
them  to  the  unparalleled  success  of  this  measure.  But  as  there 
is  great  reason  to  apprehend  the  exertions  of  insidious  enmity,  I 
consider  it  my  solemn  duty  to  warn  you  against  them.  As  the 
canal  proceeds  to  the  west,  the  country  east  will  of  course  be  ac- 
commodated :  and  in  proportion  to  its  progress  to  completion,  in 
that  ratio,  will  it  be  considered  more  easy  to  combine  a  greater 
mass  of  population  against  its  further  extension.  Attempts  have 
already  been  made  to  arrest  its  progress  west  of  the  Seneca  river; 
and  it  is  highly  probable  that  they  will  be  renewed  when  the 
work  is  finished  to  the  Genesee.  As  the  benefits  of  artificial  or 
improved  navigation  are  rendered  more  obvious  by  experience, 
efforts  will  be  made  to  obtain  appropriations  for  great  local  ac- 
commodations ;  and  while  good  men  will  endeavour  to  acquire 
them  with  honest  views  and  for  patriotic  purposes,  they  will  re- 
ceive the  countenance  of  persons  of  a  different  description,  who, 
in  furtherance  of  selfish  designs,  will  strive  to  destroy  the  great 
fabric  of  internal  improvements,  by  withdrawing  or  dispersing 
the  fund  appropriated  for  its  support. 

Under  a  full  persuasion  that  the  honor  and  prosperity  of  the 
state  imperiously  demand  the  completion  of  the  whole  of  this 
great  work,  and  that  if  we  are  just  to  ourselves,  and  to  posterity, 
it  will  be  effected  in  five  years.  I  am  happy  to  assure  you,  that 
the  decided  and  prudent  measures  of  the  canal  commissioners  in 
October  last,  are  in  full  accordance  with  these  impressions.  At 
that  meeting,  they  directed  that  portion  of  the  western  section, 
which  extends  from  the  Seneca  river  to  Rochester,  on  the  Genesee 
river, — and  that  portion  of  the  eastern  section,  which  commences 
at  the  eastern  termination  of  the  middle  section,  and  reaches  to 
the  east  side  of  the  Little  Falls,  to  be  marked  out  as  parts  of  the 
great  western  canal,  and  to  be  contracted  for  as  such  ;  and  con- 
siderable progress  has  been  already  made  in  these  important  ope- 
rations. 

The  whole  length  of  the  western  section  is  about  one  hundred 
and  sixty-three  miles,  and  of  the  eastern  about  ninety-seven; 
and  notwithstanding  the  disparity  of  distance,  it  is  estimated  that 


CANAL  LAWS,  La. 


4  JO 


he  expense  of  each  will  be  about  the  same,  making  in  the  ag-  1820. 
;regate  four  millions  of  dollars.  The  object  and  tendency  of s  v — 
hat  measure  of  the  canal  commissioners  must  be  obvious;  and 
olicy  as  well  as  justice  concurred  in  recommending  its  adoption. 
Jy  operating  in  both  directions,  a  solemn  pledge  is  given  of  our 
etermination  to  finish  the  whole  canal ;  sectional  jealousies  are 
llayed  ;  the  advantages  arising  from  pecuniary  expenditures  are 
npartially  dispensed  :  and  every  advance  of  the  work,  in  either 
ay,  will  facilitate  communication.  The  completion  of  the  mid- 
le  section  has  already  opened  markets  for  a  fertile  and  extensive 
egion.  The  expense  of  conveying  a  barrel  of  flour  by  land  to 
Llbany,  from  the  country  about  the  Cayuga  lake  was  more  than 
vice  as  much  as  the  exportation  of  one  from  New-York  to  Liver- 
ool ;  and  the  difference  between  the  former  and  the  present  cost 
f  conveyance  will  not  only  remunerate  the  manufacturer,  but 
fford  an  iucreased  compensation  to  the  agriculturist,  indepen- 
ently  of  the  rise  of  the  commodity  in  value,  from  its  being  fur- 
ished  with  a  good  market.  It  is  believed  that  our  Atlantic 
ountry  will  soon  be  supplied  with  salt  from  the  west  cheaper 
lan  from  abroad ;  and  the  revenue  from  the  salt  works,  appro- 
riated  to  the  construction  of  the  canal,  already  exceeds  the 
lost  favourable  estimates,  and  shews  conclusively  the  importance 
fthis  communication  to  the  accommodation  of  a  vast  country, 
i  the  progress  of  the  canal,  gypsum  of  the  best  quality  has  been 
iscovered  ;  and  it  is  ascertained  that  this  region  contains  a  suf- 
cient  quantity  of  this  invaluable  mineral  for  the  supply  of  the 
hole  United  States.  Heretofore  the  principal  ingredients  of 
ydraulic  mortar  were  procured  at  a  great  expense  from  abroad 
)r  the  construction  of  locks  ;  but  a  species  of  limestone  has  been 
)und,  dispersed  over  the  whole  country,  admirably  adapted  for 
ater  cement,  and  entirely  superseding  the  necessity  of  foreign 
ipply.  Stone  for  the  construction  of  locks,  culverts,  bridges, 
nd  aqueducts,  is  also  found  in  abundance  :  and  it  is  confidently 
elieved,  as  well  from  the  geological  character  of  this  region,  as 
om  various  other  indications,  that  coal  will  be  discovered  am- 
ly  sufficient  for  domestic  uses,  and  manufacturing  establish- 
ing. The  animation  which  this  work,  in  its  present  unfinish- 
d  state,  has  given  to  our  internal  trade,  cannot  be  duly  appre- 
atcd  without  the  advantages  of  personal  observation:  nor  can 
11  its  blessings  be  realized  or  displayed,  until  years  of  experi- 
nce  have  parsed  away. 


140 


CANAL  LAWS,  &c- 


"  By  the  act  respecting  navigable  communications  between 
the  great  western  and  northern  lakes  and  the  Atlantic  ocean, 
passed  the  15th  April,  1817,  a  tax  of  $250,000  is  directed  to  be 
imposed  on  the  lands  lying  within  twenty-five^miles  on  each  side 
of  the  canals,  from  the  Mohawk  to  the  Seneca  river,  and  from 
Lake  Champlain  to  the  Hudson.  And  by  the  act  concerning  the 
great  western  and  northern  canals,  passed  on  the  7th  of  April 
last,  this  assessment  is  suspended  until  the  further  order  of  the 
legislature.  In  operations  of  this  nature  it  must  necessarily  fol- 
low, that  particular  portions  of  territory  will  receive  extraordi- 
nary benefits ;  but  with  the  augmentation  of  their  wealth,  their 
ability  to  contribute  to  the  public  burthens,  will  be  proportiona- 
bly  enhanced,  and  consequently  the  taxes  in  other  places  will  be 
correspondently  diminished.  And  it  is  submitted  to  you,  wheth- 
er it  comports  with  the  magnanimity  of  government  to  resort  to 
partial  or  local  impositions',  in  order  to  defray  the  expenses  of  a 
magnificent  work  identified  with  the  general  prosperity." 

XXX. 

The  annual  report  of  the  canal  Commissioners  was  read,  in 
the  words  following,  to  wit : 

In  Assembly  Feb.  18,  1820. 
To  the  Legislature  of  the  State  of  JYew-YorJc :  In  obedience  to 
the  act,  entitled  "  An  act  respecting  navigable  communications 
between  the  great  Western  and  Northern  Lakes  and  the  Atlan- 
tic Ocean"  passed  April  15th,  1817,  the  Canal  Commissioners 
most  respectfully  Report — 

In  reference  to  the  Erie  Canal, — 
That  the  middle  section  thereof  has  been  so  far  completed 
during  the  past  season,  that  large  boats  have  actually  navigatet 
it,  for  the  distance  of  seventy-five  miles  :  and  nothing  has  hin- 
dered such  navigation  throughout  the  residue  of  the  section,  fc 
several  weeks  previously  to  the  meeting  of  your  honourable  bo 
dy,  but  the  setting  in  of  frost.  The  important  fact  of  the  accu 
racy  of  the  levels,  from  one  end  to  the  other,  of  this  section,  ha 
been  ascertained,  by  the  most  satisfactory  and  infallible  proof— 
the  admission  of  water.  And  when  it  is  remembered  that  th 
length  of  our  Rome  summit  is  now  extended  to  near  sixty  mile6 
this  result,  so  gratifying  on  every  account,  cannot  fail  to  bege  j 


CANAL  LAWS,  fee. 


441 


•Wrong  confidence  in  the  skill,  and  a  just  praise  for  the  care,  of  1820. 

our  engineer.  v  y  s 

Having  now  witnessed  the  completion  of  a  creat  number  and     r  iaal  con 

to  tracts. 

variety  of  canal  contracts,  with  constant  and  anxious  attention 
to  the  mode  of  their  execution,  in  every  stage  of  their  progress, 
for  the  purpose  of  obtaining  all  the  benefits  suggested  by  expe- 
rience, we  expect,  hereafter,  considerable  improvements  in  the 
manner  of  conducting  our  labours.  For  a  resolute  ambition  of 
success,  and  the  application  of  vigorous  industry,  we  cannot 
hope  that  an  equal  number  of  men  will  ever  be  more  distinguish- 
ed than  those  who  have  hitherto  been  employed. 

We  have  found,  that  in  removing  common  earth,  where  the  draper?*1  ^ 
depth  does  not  exceed  four  or  five  feet,  and  the  ground  is  dry, 
the  plough  and  scraper  can  be  used  to  greater  profit  than  any 
other  means  of  excavation  with  which  we  are  acquainted.  And 
the  banks  which  are  constructed  with  scrapers,  from  being  con- 
stantly and  uniformly  travelled  over  by  the  cattle  and  men,  du- 
ring the  time  required  to  raise  and  form  them,  are  so  thoroughly 
compacted  as  to  be  not  much  in  danger  of  injurious  settling,  af- 
ter they  are  once  completed.  A  great  proportion  of  our  work 
has  heretofore  been  performed  with  these  instruments.  But  as 
both  the  western  and  eastern  sections  of  the  canal,  will  pass 
through  but  little  wet  land,  in  comparison  with  that  which  is  tra- 
versed by  the  middle,  the  use  of  them  hereafter  will  be  much  in^ 
creased. 

It  was  determined  by  the  canal  commissioners,  when  they  en-  sior.e  of  ca 
*ered  on  the  construction  of  the  canal,  that  the  inside  slope  of nal 
the  banks  should  be  such,  that  a  foot  perpendicular  rise  should 
give  not  less  than  eighteen  inches  horizontal  base.  This  slopf 
is  often  adopted  in  England  ;  and  in  earth  unapt  to  slip,  it  will 
answer  ;  but  in  clay,  in  light  earth,  especially  if  it  contains  much 
water,  and  wherever  sand  predominates,  a  greater  slope  is  expe- 
dient. 

The  inside  slope  of  the  banks  through  the  middle  section,  is 
generally  such  as  that  above  indicated.  There  are  however  se- 
veral places  where  it  is  greater.  And  it  is  our  intention  for  the 
future,  except  where  peculiar  circumstances  forbid,  to  increase 
the  slope.  For,  besides  diminishing  the  danger  of  having  the 
banks  slide  into  the  bottom  of  the  canal,  by  diminishing  their  ac- 
clivity, it  requires  but  little  observation  to  become  convinced, 
that  surh  diminution  lessens  the  labour  of  forming  the  bapfo 

5<i 


442 


CANAL  LAWS,  fcc. 


1820.  This  is  true,  when  the  banks  are  formed  by  shovelling  and  wheel- 
mm—^s—/  ing,  but  it  is  eminently  so  when  the  work  is  done  by  ploughing 
and  scraping.  A  slope,  of  a  foot  rise  to  eighteen  inches  base, 
is  so  steep  that  it  is  difficult  to  drive  cattle  or  horses  up  it,  with  a 
loaded  scraper  behind  them  :  and  as  the  excavation  approaches 
the  bottom  of  the  canal,  the  difficulty  of  this  operation  great- 
increases.  Indeed,  where  scrapers  have  been  used,  the  exca- 
vation from  the  bottom  of  the  canal,  at  the  edges,  has  been  left 
unfinished,  with  the  adjoining  banks  also  unfinished  and  very 
sloping,  so  that  much  labour  with  spades  and  shovels,  was  af- 
terwards necessary  to  take  out  the  earth  from  the  bottom,  and 
place  it  in  the  face  of  the  banks,  at  the  top,  in  order  to  their 
completion  :  Or,  if  this  labour  with  spades  and  shovels  was  sav- 
ed, the  earth  in  the  bottom  of  the  canal  at  the  edges,  was  plough- 
ed up,  and  the  scrapers,  after  being  loaded  by  drawing  them 
lengthwise  of  the  canal  on  the  bottom,  were  drawn  up  the  banks, 
at  places  of  easy  ascent  left  in  them,  about  ten  rods  apart,  for 
the  purpose,  and  after  arriving  at  the  top,  were  drawn  length- 
wise of  the  canal,  for  some  distance,  and  then  unloaded  on  the 
inner  brow  of  the  bank. 

This  last  mode  of  completing  the  excavation  and  giving  shape 
to  the  banks,  has  been  found  the  most  economical ;  but  to  both 
modes  the  danger  of  slips  is  equally  incidental,  and  greater  than 
it  is  where  the  banks  are  formed  by  wheel  barrows  ;  because,  in 
both  the  loose  earth,  which  is  required  to  finish  the  inside  face 
of  the  bank  at  the  top,  is  always  laid  upon  a  sloping  and  hard 
trodden  surface,  with  which  it  will  not  speedily  form  a  solid  con- 
nection. 

Scraper*.  Horses  and  cattle  can  draw  loaded  scrapers,  without  much  in- 
convenience, up  a  bank  of  which  the  slope  is  such  as  to  give 
a  base  of  two  feet  to  a  rise  of  one  foot  :  and  if  the  face  of  the 
bank  is  left  hard,  as  it  will  be  made  by  being  travelled  on  in  the 
process  of  its  construction  with  she  scraper,  there  will  remain  no 
doubt  of  its  retaining  its  shape  with  very  little  impression  from 
heavy  rains.  This  is  an  advantage  of  great  importance,  as  it 
respects  the  expense  of  repairs  and  the  preservation  of  the  beau- 
ty of  the  canal  :  and  the  increased  slope,  by  giving  a  width  of 
surface  at  the  top  water-line  four  feet  greater  than  would  be 
afforded  by  the  slope  originally  adopted,  will  also  add  to  the  fa- 
cility of  motion  on  the  canal. 


CANAL  LAWS.  &c 


Brninard'i 


Wherever  the  canal  line  crosses  lands  abounding  in  springs,  1820. 
very  wet  from  any  other  cause,  but  so  situated  as  to  admit  of 
lining,  the  spade  and  wheel  barrow  are  indispensable  utensils, 
any  common  depth  of  digging  j  and  one  of  our  contractors, 
Mr.  Jeremiah  Brainard  of  Rome,  has  invented  a  wheel  barrow, 
which,  without  being  more  expensive  than  those  in  common  use,  wkeeibarrow. 
is  acknowledged  by  all  who  have  seen  it.  to  be  greatly  superior 
to  them,    its  advantages  consist  in  its  being  lighter,  more  dura- 
e,  and  much  easier  to  unload. 

Experience  has  convinced  us,  that  after  the  grubbing  and 
learing  is  done,  it  is  most  judicious  to  carry  the  excavation, 
lerever  it  is  begun,  as  soon  as  may  be  to  the  bottom  ;  and 
e  work  advances  to  complete  every  part  of  the  canal. 
Many  jobs  on  the  middle  section  have  had  three  fourths,  anil 
ten  larger  portions  of  the  digging  performed,  and  the  bank< 
arly  raised,  but  left  with  the  earth  sloping  inwards  from  their 
ter  extremity,  after  which  the  contractor  has  transferred  his 
our  to  other  parts  of  the  job,  intending  to  bring  the  whole 
to  a  similar  state,  and  then  to  finish  his  wcrk  by  taking  out  the 
sidue  of  the  bottom,  giving  it  the  proper  width,  and  dressing 
the  banks.  From  this  course  of  management  much  evil  has 
sued.  The  excavation  from  the  bottom,  after  baking  for 
onths  in  the  sun,  has  always  been  found  much  more  difficult, 
e  amount  of  yards  has  been  materially  increased  by  an  unne- 
ssary  wash  from  the  banks,  the  labour  necessary  to  complete 
e  banks  has  been  augmented,  and  after  such  labour  has  been 
stowed,  there  is  less  beauty  in  the  whole  work,  and  it  is  more 
able  to  injury.  These  evils  will  all  be  obviated,  by  completing 
canal  with  as  little  delay  as  possible,  after  the  ground  is  bro- 
en. 

In  all  cases  it  is  essential,  that  care  should  be  taken  to  secure  a 
fficient  drain  from  every  part  of  the  excavation,  otherwise  the 
ost  injurious  interruptions  will  be  suffered  from  every  show<  • 
o  person  without  experience  can  be  fully  aware  of  the  disad- 
antages  of  labouring  in  wet  earth.  It  is  much  heavier,  more 
tenacious,  and  more  slippery  than  dr}-,  and  of  course  harder  to 
load,  harder  to  remove,  and  harder  to  unload  :  and  after  it  is  un- 
loaded into  a  bank,  much  of  it  will  run  down  so  as  to  require  a 
second  removal.  The  labourers  who  work  in  it  destroy  more 
clothes,  live  more  expensively,  are  more  exposed  to  sickness,  and 
require  higher  wages,  than  other  labourers ;  the  cattle  and  hor- 


9 


H4  (  ANAL  LAWS,  lit. 

]  ^2<X  se$  sooner  fail,  and  there  is  more  wear  and  decay  of  every  imple- 
-v*  ment.  Hardly  any  expense  should  be  avoided,  which  is  necessa- 
ry  to  provide  good  draining.  Some  of  our  contractors  have 
not  been  duly  sensible  of  this,  and  have  lost  more  or  less  in  con- 
sequence. By  opening  a  drain  wherever  the  excavation  is  be- 
gun, and  by  completing  the  canal  as  the  work  advances,  the  be- 
nefits of  an  ample  drain  will  be  secured  to  every  part  of  the  line. 

But  this  course  of  proceeding  will  also  produce  other  good 
consequences.  The  amount  of  money  earned  by  the  contrac- 
tors, from  the  time  of  one  payment  to  another,  may  be  more  ac- 
curately and  easily  estimated.  The  contractor  will  more  readi- 
ly understand  the  exact  condition  of  his  business,  as  to  profit  and 
loss,  and  the  workmen  will  be  better  able  to  secure  themselves 
against  frauds  or  insolvency,  in  their  employers.  With  the  great- 
est care  to  ascertain  the  quality  of  the  excavation  in  any  given 
section  of  the  canal,  previous  to  its  being  let  out,  it  is  impossi- 
ble to  provide  against  the  occurrence  of  unforeseen  obstructions 
in  the  earth,  which  must  be  paid  for  at  an  equitable  valuation,  af- 
ter they  shall  be  disclosed  and  overcome.  The  practice  of  com- 
pleting the  canal  as  abovementioned,  would  render  these  valua- 
tions more  satisfactory  to  all  parties,  because  the  precise  nature 
and  extent  of  such  obstructions  would  be  more  clearly  perceiv- 
ed, and  the  labour  laid  out  upon  them  would  be  more  easily  dis* 
ringuished  from  other  labour. 

Our  efforts  have  now  been  continued  so  long,  have  embraced 
so  great  a  variety  of  operations,  and  have  actually  given  us  an 
excellent  navigation,  for  so  great  a  distance,  that  we  suppose  the 
public  mind  is  fully  satisfied  of  the  practicability  of  the  canals, 
festinfefes,  &c.     The  original  estimate  of  the  middle  section,  extending  from 
Utica  to  the  Seneca  river,  in  the  aggregate  amount- 
ed to  $1,021,851 
The  real  cost  of  its  construction  has  been  1,125,983 
Making  an  excess  of  expenditure  over  the  estimate  of  104,132 
a  little  more  than  ten  per  cent. 

This  excess  has  been  produced  chiefly  by  the  following  causes : 
I.  The  width  of  water  in  the  canal,  in  all  cases  of  embank- 

Lxcess  ac- 

•Gounied  fcr.  ment,  was  originally  intended  to  be  only  thirty  feet  at  the  siu> 
face,  and  the  estimate  was  made  accordingly.  These  embank- 
ments have,  however,  all  been  made  so  as  to  give  the  common 
width  of  forty  feet  at  the  surface.  This  alteration  has  very 
much  increased  the  quantity  of  earth  in  those  embankment* 


CANAL  LAWS,  fct 


445 


hieh  required  filling  in  at  the  bottom  :  and  as  all  the  large  eu-  1620. 

ankraents  are  of  this,  character,  it  has  added  considerably  to  v  v.  ' 

leir  expense.  It  was  not  adopted  without  mature  deliberation 
tid  a  strong  conviction  of  its  being  judicious.  It  was  found 
lat  aqueducts,  road  bridges,  farm  bridges,  and  a  few  other  1111- 
voidable  causes  of  contracting  the  width  of  the  canal  were  of 
ich  frequent  occurrence  along  the  line,  as  to  make  it  very  desira- 
le  for  the  sake  of  presenting  no  unnecessary  obstruction  to  mo- 
on through  the  water,  to  preserve  the  ordinary  width  in  all  places 
here  it  was  practicable. 

The  plan  of  several  of  the  more  artificial  works  has  been  al- 
>red,  always  it  is  believed  for  the  better,  but  so  as  to  render 
lem  more  expensive.  Of  this  class,  are  the  following,  to  wit : 
'he  aqueduct  over  Oneida  creek.  This  was  originally  calcula-  Aqueduct?.  ' 
?d  to  be  made  of  wood — it  is  constructed  of  solid  masonry. — 
'he  aqueduct  over  the  Onondaga  creek  has  been  greatly  enlare:- 
i    It  is  built  entirely  of  stone. 

Tire  aqueduct  over  Nine-mile  creek  was  originally  intended  to 
onsist  of  stone  abutments  and  piers  with  a  wood  trunk.  It  is 
onstructed  exclusively  of  stone,  and  has  been  much  enlarged 
y  raising  the  level  of  the  canal  at  that  place  eleven  feet. 

At  the  Skeneateles  outlet,  the  original  estimate  embraced  a 
am,  which  has  since  been  superseded  by  an  aqueduct  of  solid 
tone  work,  which  is  also  raised  eleven  feet  above  the  original  le- 
el.  The  aqueduct  across  the  Owasco  creek  has  been  much  eit- 
irged,  and  a  wood  trunk  has  been  displaced  for  stone  arches. 

II.  Waste-weirs  have  been  constructed  in  various  places,  „, 
here  it  was  believed  no  sufficient  provision  could  otherwise  be 
ad  to  discharge  the  surplus  waters  with  which  the  canal  would 

e  filled  by  the  spring  floods  :  and  the  aggregate  extent  of  these 
5  about  two  thousand  feet. 

III.  The  most  prolific  source  of  unforeseen  expense  has  been 
bund  in  hard  excavation  ;  and  this  we  have  had  in  many  places, 
md  in  all  the  varieties  of  hard-pan,  quick-sand,  breccia,  marl, 
ypsum  and  lime-stone. 

When  the  canal  line  was  located  by  the  engineer,  he  dug  or 
>ored  into  the  earth  in  several  places  on  every  mile,  to  the  bot- 
om  of  the  canal,  for  the  purpose  of  ascertaining  the  quality  of 
•ie  excavation.  Upon  information  thus  gained,  he  represented 
lie  character  of  the  earth  to  be  dug  through,  in  his  sectional 
iap>.    And  when  the  commissioners  entered  into  contracts. 


I  'ANAL  LAWS,  fcc. 


1650.  such  maps,  with  the  representations  contained  in  them,  were  th« 
'*— v— 4  basis  of  the  prices  stipulated  to  be  paid  them.  But  they  al 
ways  gave  verbal  assurances  to  the  contractors,  that  if  in  th 
progress  of  the  work  it  should  turn  out,  that  the  excavation  wa 
manifestly  worse  than  it  was  represented  to  be,  then  they  woul 
pay  fur  the  e  tra  difficulty  arising  from  that  cause,  such  sum  a 
the  engineer  should  deem  reasonable,  over  and  above  the  stipu 
ted  prices.  Under  such  engagements  large  sums  have  bee 
paid. 

Hard-pan.  1st.  For  hard  pan.  On  many  sections  of  the  canal  the  eart 
has  become  harder,  almost  in  exact  proportion  to  the  depth  ( 
excavation  below  the  surface,  and  often  harder  than  the  eart 
bored  or  dug  through  by  the  engineer.  Such  earth  has  been  < 
several  descriptions :  in  some  places,  a  hard  tenacious  cla; 
closely  filled  with  numerous  stones  ;  in  others,  and  more  frequen 
ly,  a  compact  mixture  ol  sand  and  loam,  very  hard  and  fille 
with  blue  gravel.  Much  of  these  kinds  of  earth  has  been  four 
in  such  condition,  that  the  most  industrious  men  were  unable  i 
excavate  more  than  three  }  ards  in  twelve  hours. 

x^uicUsand.  2d.  For  quick-sand.  This  is  a  most  unmanageable  substanc 
and  generally  dangerous  wherever  it  occurs.  It  has  subject* 
us  to  extra  expense  on  several  sections,  not  merely  by  the  nece 
sity  which  it  always  induces,  of  performing  the  excavation  tv 
or  three  times  over,  but  also  by  compelling  us,  in  a  number 
places,  to  make  defences  against  it  of  timber  and  plank. 

„  3d.  For  breccia.    Patches  of  this  have  been  frequently  fonn 

Breccia.  *  J 

but  they  have  not  been  large,  except  in  a  few  places.  The  e 
cavation  of  it  is  generally  more  difficult  than  almost  any  rock 
secondary  formation,  and  has  cost  from  fifty  cents  to  two  doll? 
per  cubic  yard.  The  largest  masses  of  it  have  been  encounte 
ed  in  places  continually  wet,  by  springs  or  small  streams. 

4th.  For  marl.  Tn  Madison,  Onondaga  and  Cayaga  countii 
many  miles  of  the  canal  are  carried  through  beds  of  marl,  whic 
when  it  is  first  uncovered,  is  hard,  and  in  appearance,  stone  of 
slaty  structure,  but  which  afer  it  is  broken  up  and  removed  ir 
the  banks,  by  exposure  to  the  air,  crumbles,  first  into  small  p 
ces,  and  finally  into  a  fine  earth;  so  that  no  one  would  imagii 
after  it  has  been  a  short  time  excavated,  that  it  ever  offered  a 
obstruction  to  the  contractor;  and  yet  the  excavation  of  it  If 
cost  from  thirty  to  seventy-five  cents  per  cubic  yard. 


CANAL  LAWS,  &c. 


5th.  For  gypsum.    Some  extra  expense  has  been  incurred  1S20. 

->y  the  excavation  of  gypsum,  on  sections  27,  28,  59  and  G3.     1  v — 

Oth.  For  lime-stone.    This  has  been  found  in  ereat  abun-  „ 

°  UTpMM  a 

lance,  on  sections  19,  22,  23,  24,  27,  30,  31,  32,  33,  37  and  40;  Limestone, 
ind  the  expense  of  removing  it  has  been  from  thirty-seven  and 
i half  cents  to  one  dollar  per  cubic  yard. 

As  another  cause  of  the  excess  of  expenditure  over  estimate, 
m  the  middle  section,  may  be  mentioned, 

IV.  The  want  of  sleighing  last  winter.    We  had  calculated 
:pon  great  advantages  for  the  delivery  of  several  kinds  of  materi- 
ls,  particularly  timber,  plank,  lime,  sand  and  stone,  by  sleighing 
^he  roads  leading  to  most  places  where  these  articles  were 
anted,  are  usually  bad  in  the  summer  season.    Recently  made  Roa4< 
ver  a  rich  deep  soil,  and  rough  with  frequent  causewnys  it  was 
bvious  that  they  would  be  almost  impassable  with  heavy  loads  on 
'heels.    But  when  the  earth  is  frozen,  and  covered  with  a  com- 
lon  winter  depth  of  snow,  such  roads  afford  as  good  a  path  as 
ny  other.    We  had  therefore  been  at  great  pains  to  make  con- 
acts  for  these  articles,  early  enough  in  the  fall,  to  enjoy  the  ex- 
erted benefit  of  sleighing,  for  their  delivery:  And  much  labor 
ad  been  expended  in  quarrying  stone,  felling  and  hewing  timber, 
nving  plank,  burning  lime  and  hiring  teams,  to  make  the  most  of 
lat  benefit.    But  there  was  no  sleighing  until  the  beginning  of 
[arch,  and  when  at  last  the^snow  fell,  it  afforded  us  no  advanta- 
es.    It  came  in  such  quantities  as  very  soon  to  take  out  the  frost 
eneath  it,  and  at  so  late  a  period  as  to  be  exposed  to  rapid  melting 
om  the  influence  of  the  sun.    In  the  counties  of  Onondaga  and 
ayuga,  where  most  of  the  materials  were  required,  it  lay  on 
e  ground  for  three  or  four  weeks,  and  was  used  most  of  that 
me,  for  sleighing,  but  to  no  profit.    The  teams  which  had  been 
igaged,  could  then,  very  few  of  them,  be  had  ;  for  nobody  i> 
illing,  without  strong  necessity,  to  be  at  the  trouble  and  expense 
fitting  out  teams  for  a  few  days  service  of  doubtful  emolu- 
ent;  and  spring  snows  are  seldom  durable.    Most  of  the  time 
hile  the  sleighing  lasted,  all  the  materials  were  covered  with 
tow,  to  nn  inconvenient  depth  ;  no  hard  snow  path  could  be 
rmed,  and  the  road  was,  in  many  places,  miry.    In  truth,  but 
^mall  portion  of  the  materials  were  delivered  by  sleighing  ; 
id  if  the  following  season  had  not  been  uncommonly  dry  and 
vorable  to  wheeling,  it  is  probable  that  no  practicable  efforts 
•»M  yet  have  cflvctrd  thp  dolivcrv  of  them.    Tint  our  Stone 


44b 


CANAL  LAWS,  kc 


1 820.  structures  might  be  permanent,  we  were  fully  convinced  of  the 
v  'great  importance  of  using  large  stone  in  their  construction. 

Accordingly,  those  which  we  have  had  delivered,  a  great  pro- 
portion of  them  weigh  from  one  to  three  tons  a  piece,  and  some 
of  them  much  more ;  but  the  expense  of  loading  heavy  stone? 
into  wagons  or  carts,  must  always  be  greater  than  that  of  load- 
ing them  into  sleds.  From  the  combined  effects  of  these  causes 
the  delivery  of  our  materials  has  cost  us  much  more  than  \v< 
could  reasonably  have  anticipated. 
Locks  and  a-  V,  To  prepare  the  foundation  of  the  locks  and  aqueducts,  ha 
ruieducta.      ^een  more  difficult  tnan  was  expected. 

In  order  to  give  the  same  depth  of  water  over  the  lock-sills 
which  is  provided  for  elsewhere,  our  manner  of  securing  th 
foundation  requires  that  the  excavation  shall  be  sunk  two  feet  be 
low  the  bottom  of  the  canal ;  and  in  digging  for  these  founda 
tions,  in  several  cases,  where  the  earth  down  to  the  bottom  wa 
hard  gravel  or  clay,  we  have  found  it  below  that,  and  within  th 
limits  of  our  excavation,  to  be  quicksand.  In  such  cases,  w 
have  been  compelled  to  fill  the  bottom  with  bearing  piles.  An 
as  these  bottoms  are  about  one  hundred  and  thirty  feet  long,  b 
thirty-six  broad,  this  operation  has  been  attended  with  great  1; 
bor  and  expense. 

At  all  the  places  of  our  principal  aqueducts,  at  the  locks,  ar 
at  some  of  the  large  culverts,  the  difficulty  of  constructing  ar 
maintaining  coffer-dams,  and  of  bailing  out  the  water,  in  adc 
tion  to  that  of  the  excavation  and  pile-driving,  which  must  n 
cessarily  be  subject  to  many  contingencies,  has  exceeded  o 
calculations. 

nal  f«ncin«-  Fencing  the  canal  not  included  in  the  original  estimate 

the  middle  section  ;  a  .d  yei  we  found  this  indispensable  tot 
security  of  the  canal,  and  have  actually  completed  it  on  be 
sides,  for  nearly  the  whole  distance. 
Water  proof    VII.  The  water  proof  lime,  which  has  been  used,  during  1 
Vme'  past  season,  for  the  most  of  the  mason  work  done  on  the  can , 

has  contributed  to  swell  our  disbursements  beyond  our  origin 
estimates.  This  material  has  been  discovered  in  the  progress  f 
our  exertions  ;  and  it  will  doubtless  hereafter  be  considered  5 
an  article  of  prime  necessity,  throughout  our  county,  for  1 
hydraulic  masonry.  Mixed  with  clean  silicious  sand  and  wa  1 
and  well  beaten,  it  constitutes  a  mortar,  which  will  soon  set,  rl 
ihoroughlv  cement  anv  work  of  stone  or  brick,  in  which  i 


CANAL  LAWS,  fee. 


used  under  water.  But  in  the  first  use  of  it  we  have  been  una-  1SJ20. 
voidablv  subjected  to  many  expenses  which  henceforth  need  not  ^^v-^* 
be  incurred.  We  failed  repeatedly  in  burning,  pulverising  and 
mixing  it ;  but  many  trials  have  now  shown  us  the  way  to  suc- 
ceed in  all  these  operations.  And  all  the  masons  in  our  employ, 
though  for  some  time  they  were  loth  to  use  it,  from  an  opinion 
which  they  uniformly  entertained  of  its  being  of  no  value,  now 
regard  it  as  a  discovery  of  the  greatest  importance.  It  sets  much 
quicker,  and  becomes  stronger  in  the  air,  than  common  lime  mor- 
tar; and  under  water,  where  common  mortar  will  not  set  at  all,  it  bo- 
gins  to  set  immediately,  and  in  a  few  weeks  acquires  great  hard- 
ness and  tenacity.  It  may  be  quarried  with  the  same  labor  as 
common  lime  stone,  and  is  known  to  occur  in  the  greatest  abun- 
dance, in  Madison,  Onondaga,  Cayuga,  Ontario  and  Genesee 
counties  ;  its  colour  is  a  yellowish  grey,  before  it  is  burnt,  and 
burning  inclines  it  to  a  buff.  It  is  softer  than  common  limestone, 
and  when  burnt,  about  ten  per  cent,  lighter.  It  will  not  slack, 
but  must  be  pulverized  by  pounding  or  grinding,  and  when  re- 
duced to  powder,  its  bulk  is  not  materially  increased.  The 
quantity  of  sand  mixed  with  it  should  be  about  half  that  of  tlm 
lime  in  bulk.  From  ks  not  swelling,  by  being  pulverized — from 
the  expense  of  grinding  it,  and  from  the  greatly  diminished  quan- 
tity of  sand  which  it  will  bear,  it  will  be  at  once  perceived,  that 
its  use  will  always  be  attended  with  greater  expense  than  that  of 
common  lime.  Still  it  may  be  used,  at  a  very  small  proportion 
of  the  cost  of  any  other  material  now  know  n  to  answer  the  sam* 
purpose ;  and  as  it  abounds  in  the  vicinity  of  the  canal,  it  will 
probably  soon  supply  a  great  amount  of  tonnage  for  transporta- 
tion, by  the  demand  which  will  arise  for  it,  from  without  this 
state. 

VIII.  Our  efforts  have  been  much  retarded,  and  rendered  more  SickneM  re. 
expensive,  in  completing  the  middle  section,  by  sickness.  F°r|*^d  ^x 
about  thirty-five  miles,  the  canal  line  runs  at  no  great  distance 
from  the  Seneca  river,  which  in  that  part  of  its  course,  except  at 
•Tack's  rift,  is  a  sluggish  stream.  The  waters  of  this  river  flow 
through  a  region  of  the  rankest  vegetable  luxuriance,  w  hich,  in 
die  spring  of  the  year,  they  overspread  to  the  extent  of  many 
thousand  acres  more  than  they  do  in  the  fall.  In  common  se;i- 
•ons,  the  autumn  brinprs  with  it  some  danger  to  the  health  of  th»N 
people  of  this  region.  The  excessive  and  long  continued  heat 
of  the  last  season,  subjected  them  to  cxtcuvivo  and  distressing 


450 


CANAL  LAWS, 


1820.  sickness.  Between  the  middle  of  July  and  the  first  of  October 
— v  J  about  one  thousand  men,  employed  on  the  canal,  from  Salina  t( 
Seneca  river,  were  disabled  from  labor  by  this  cause.  Most  o 
these  men  recovered,  but  the  houses  in  which  they  were  collected 
for  near  three  months  presented  a  most  discouraging  spectacle 
And  although  great  exertions  were  made  to  supply  the  place  o 
such  laborers  as  became  diseased,  by  fresh  hands,  it  was  impos 
sible  to  prevent  some  jobs  from  being  entirely  abandoned  fo 
several  weeks.  And  where  labor  was  never  wholly  intermitted 
it  was  much  less  efficient,  and  the  means  of  it  were  essentially 
lessened.  The  necessary  effect  of  this  was,  to  protract  the  entirt 
execution  of  the  work,  to  a  much  later  period  than  it  would  other 
wise  have  been  extended  to,  and  this  inevitably  increased  the  ex 
pense.  Late  in  the  season  there  were  frequent  interruptions  o 
labor,  by  slight  falls  of  rain  and  snow.  And  these  interruption 
were  particularly  injurious,  in  reference  to  much  of  the  extra  ser 
vice  done  at  this  period.  When  the  days  had  become  short,  ant 
the  earth  was  every  where  covered  with  mud,  no  resolution  o 
ingenuity  could  make  the  work  advance  rapidly,  in  proportion  ti 
the  means  employed.  Every  effort  was  clogged.  The  excava 
tion  of  difficult  places,  which  had  been  left  incomplete,  was  slo\ 
and  laborious.  And  the  performance  of  all  those  little  jobs,  tha 
could  not  be  omitted  in  bestowing  the  last  finish  upon  the  work 
previous  to  their  actual  use,  was  attended  with  tenfold  difficult) 
It  would  not  be  reasonable  to  expect,  that  human  foresigr 
could  exactly  adapt  the  provision  of  materials,  to  all  the  exigeii 
cies  of  works  so  extensive,  various  and  unusual,  as  those  of  whic 
we  had  the  charge,  in  the  first  contracts.  Some  deficiencies  ( 
this  kind,  were  experienced,  which  it  was  expensive  to  supph 
But  the  material  supplies  have  all  been  made,  and  with  the  ex 
ception  of  a  little  lead,  with  which  the  iron  cramps  in  some  of  th 
stone  work,  remain  to  be  secured — the  coping  of  the  Owasc 
creek  aqueduct — some  labor  required  upon  the  feeder  from  Bu 
ternut  creek — and  two  small  embankments  on  the  south  side  ( 
the  canal,  which  have  not  heretofore  been  constructed  only  b( 
cause  they  were  not  decided  to  be  necessary,  until  after  m 
ter  was  admitted  into  the  canal,  the  whole  of  the  middle  sectio 
has  been  completed.  The  expense  of  all  these  operations  car 
not  probably  exceed  three  thousand  dollars,  and  they  will  m 
obstruct  the  navigation,  while  they  are  going  on. 


CANAL  LAWS,  &C. 


The  side  cut  at  Salina,  is  one  mile  and  forty-three  chains  in  1320. 

length,  and  it  was  estimated,  as  is  stated  in  our  report  of  last v      v  ' 

,  .  1  Mioa  li 

winter,  to  cost  $6,000.    It  has  been  entirely  completed  with  great  cut. 

fidelity  and  beauty,  at  an  expense  of  $0,044  07  ;  and  being  ad- 
ded to  the  middle  section,  which  is  near  94  and  1-2  miles  long 
we  have  an  extent  of  96  miles  of  artificial  navigation,  commen- 
ced and  completed  since  the  4th  of  July,  1817,  at  an  average 
expense,  per  mile,  including  every  thing,  of  si  1,792. 

In  a  canal  of  such  length,  passing  through  so  great  a  variety 
of  soils,  and  over  such  numerous  streams,  which  afford  the  only 
possible  channels  through  which  several  considerable  lakes,  in- 
numerable springs,  and  a  very  extensive  land  drain,  will  necessa- 
rily discharge  their  waters,  and  which  are  yet,  from  the  extent 
of  uncleared  land  adjacent  to  them,  subject  to  great  obstruction 
from  an  accumulation  of  float-wood,  and  of  course,  wherever 
these  obstructions  take  place,  to  the  pressure  of  a  heavy  head  of 
water  above  them,  and  a  current  of  proportionate  violence  below, 
it  will  not  be  prudent  to  calculate  upon  entire  exemption  from  in- 
jurious casualties.  A  breach  has  been  effected,  and  is  now  open 
in  the  north  bank  of  the  canal,  at  Oriskany,  which  it  will  take  aBreachatOviv 
fortnight  in  the  spring  to  repair.  Other  breaches  may  be  ka"}* 
expected,  though  we  have  spared  no  labour  in  our  power,  which 
we  deemed  necessaay,  to  provide  against  them.  And  in  addi- 
tion to  the  security  which  the  whole  line  derives  from  the  man- 
ner in  which  it  is  constructed  and  guarded,  we  have  divided  it 
into  five  sections,  and  assigned  to  each  an  experienced  and  vigi- 
lant superintendent,  whose  duty  it  is  constantly  to  watch  for  it- 
safe  keeping,  and  whenever  danger  threatens  it  of  any  kind,  to 
use  his  utmost  means  to  ward  it  off. 

The  canal  commissioners,  during  the  past  season,  have  limited 
their  disbursements  for  all  labour  in  the  actual  construction  of 
the  canal,  to  the  middle  section.  But  they  have  employed  ex- 
ploring parties,  on  both  the  western  and  eastern  sections.  Be- 
tween the  Seneca  and  Genesee  rivers,  Canvass  White,  Esq.  as 
engineer,  has  had  the  charge  of  a  party,  which  has  been  enga-  lte* 
ged  for  several  months  in  levelling  over  and  surveying  different 
routes  for  the  canal  line.  These  labours  he  has  performed  much 
to  our  satisfaction,  and  having  presented  a  view  of  them  to  a 
meeting  of  our  board,  held  in  October  last  atUtica,  we  thereup- 
on decided  in  favour  of  the  route  originally  explored  between 
those  rivers,  in  the  year  1810  :  and  apart  of  this  route  having 


CANAL  LAWS,  &c, 


1§20.    first  been  definitively  located,  the  acting  commissioners,  under 

*  v^~- '  the  authority  of  a  resolution  of  the  board,  proceeded  to  enter 

into  contracts  for  the  construction  of  the  canal,  through  about 
twenty  miles  thereof.  That  portion  of  the  line  which  is  let  out, 
extends  from  the  east  bank  of  the  Genesee  river  to  the  town  of 
Palmyra,  from  which,  to  Seneca  river,  we  hope  early  in  the  ap- 
proaching season,  to  place  the  whole  line  under  contract.  The 
zeal  for  engaging  in  this  work  has  suffered  no  abatement  ;  many 
of  the  old  contractors,  and  other  persons  of  enterprise  and  re- 
sponsibility, have  entered  into  agreements  with  us  ;  and  very 
jnany  respectable  applications  are  yet  ungratified.  The  terms 
of  these  new  contracts  are  at  least  as  favourable  to  the  state  as 
any  heretofore  obtained  :  and  one  of  them  requires  that  the 
whole  work  shall  be  completed  by  the  first  of  September,  1821. 
These  contracts  are  dated  in  December  last,  and  several  of  them 
are  now  in  the  process  of  vigorous  execution. 
Fatt  From  the  Genesee  river  to  the  Seneca,  at  the  western  termi- 
nation of  the  middle  section,  there  is  a  fall  of  near  130  feet ;  and 
as  every  part  of  a  canal  line  may  be  better  located  in  descending 
than  in  ascending  a  country,  it  was  deemed  expedient  to  com- 
mence this  operation,  and  the  construction  of  the  western  sec- 
tion, at  the  Genesee  river.  This  expediency  was  rendered  more 
obvious  by  the  consideration,  that  the  place  of  crossing  that 
stream,  and  the  canal  level  there,  admit  of  but  little  variation. 
63  miles  toiie  At  the  meeting  of  the  canal  commissioners  above  alluded  to,  it 
constructed,  j^g^^  tjiat  whj]e  aDOut  63  miles  of  the  western  section 
should  be  put  in  the  course  of  construction,  26  miles  of  the  eas- 
tern section  also  should  be  placed  under  contract.  This  distance 
extends  from  Utica  to  the  foot  of  the  Little  Falls  of  the  Mohawk 
river,  embracing  the  most  difficult  places  on  that  section,  above 
the  Schoharie  creek.  Eight  miles  of  it  will  be  made  in  continu- 
ation of  the  Rome  level,  which  before  exceeded  fifty-eight  miles 
in  length  ;  and  these  eight  miles  have  been  contracted  for  at 
reasonable  prices,  by  good  men,  some  of  whom  are  now  at  work 
upon  them. 

V.  Gill.  Valentine  Gill,  Esq.  has  been  employed  as  engineer,  with  the 
necessary  assistants,  to  explore  the  country,  in  reference  to  the 
best  establishment  of  the  canal  line,  from  Gannet's  mill  pond  in 
Palmyra,  with  which  the  old  level  was  connected,  westerly  to  the 
Genesee  river,  at  a  point  about  twelve  miles  south  of  Rochester, 
and  thence  westerly  to  Buffalo  creek.    The  easterly  part  of  Mr. 


CANAL  LAWS,  be 


$5o 


Gill's  line  lias  been  rejected,  in  favor  of  the  more  northerly  route  ;     1 S20. 

but  he  thinks  that  a  line  from  Rochester  may  be  run  southwest-  v  v  * 

erly,  so  as  to  intersect  with  his  line  west  of  the  Genesee  river,  and 
from  the  point  of  intersection  be  carried  through  the  counties  of 
Genesee  and  Niagara,  to  a  junction  with  the  waters  of  lake  Erie, 
south  of  the  village  of  Buffalo.  The  great  objection  to  a  south- 
ern route,  through  the  Holland  purchase,  is,  the  fear  of  a  defi- 
ciency of  water  to  supply  it,  as  such  route  must  necessarily  be 
carried  far  above  the  level  of  lake  Erie.  Mr.  Gill's  summit  Level 
is  about  94  feet  above  lake  Erie  ;  but  he  is  of  opinion,  that  it  ma  \ 
be  extended  more  than  forty  miles,  so  as  to  embrace  the  waters  of 
Wescoy,  of  Allen's,  of  Tonnewanta,  of  Ellicott's,  and  of  Little 
iBuffalo  creeks,  which  he  thinks,  in  the  driest  season,  would  fur- 
nish a  copious  supply.  In  a  country  so  new,  and  of  which  a 
great  part  is  still  covered  by  standing  timber,  the  interests  of  the 
canal  require,  that  great  precaution  should  be  taken  in  the  de- 
finitive establishment  of  the  canal  line.  It  will  be  proper  that 
other  examinations  should  be  prosecuted  through  the  country 
west  of  the  Genesee  river,  previously  to  a  final  decision  of  the 
route.  The  maps  and  report  of  Mr.  Gill  are  herewith  present-  Gill's  map. 
cd. 

In  discharge  of  that  part  of  their  duty  which  relates  to  the  har- 
bor of  Buffalo,  the  canal  commissioners  employed  David  Thorn-  D.  Than*, 
as,  of  Cayuga  county,  to  make  the  necessary  surveys,  and  report 
to  them  the  result.  This  service  has  been  faithfully  rendered, 
and  the  practicability  of  the  construction  of  a  harbor  there,  at  a 
moderate  expense,  seems  to  be  sufficiently  established.  The  re- 
port of  Mr.  Thomas,  together  with  his  map  and  estimates  of  ex- Thomas'  mar 
pense,  is  herewith  presented.  Whether  such  a  harbor,  when  it 
•is  constructed,  should  be  paid  for  out  of  the  canal  fund,  it  appears 
to  us  that  it  would  be  premature  to  determine,  before  the  route 
and  termination  of  the  canal  is  definitively  settled  in  that  neigh- 
borhood ;  and  we  do  not  consider  the  surveys  which  have  vet 
been  made,  as  affording  all  the  information  which  is  desirable  in 
order  to  such  settlement. 

At  an  early  day  of  the  last  season,  it  was  feared,  that  the 
amount  of  money  subject  to  our  order,  might  not  be  more  than 
sufficient  to  complete  the  middle  section  of  the  Erie  canal,  and 
that  part  of  the  Champlain  canal  which  had  been  commenced. 
Hence  we  determined  to  confine  our  expenditure  to  these  parts  of 
the  canals,  except     to  such  sums  as  might  be  requisite  to  lit  out 


(  ANAL  LAWS,  & 


1S20.  and  pay  the  necessary  exploring  parties.  Such  parties,  the  le- 
v  4  gislature  bound  us  to  provide,  for  the  examination  of  Buffalo  har- 
bor and  the  Oswego  river.  And  if  the  canals  were  to  be  con- 
tinued, it  was  obviously  necessary  that  a  part  of  their  routes 
should  be  fixed  beyond  the  limits  contracted  for,  before  those 
limits  should  be  entirely  completed.  For,  otherwise,  a  whole 
season  would  have  been  lost  to  these  undertakings,  in  the  course 
of  which  the  public  property  connected  with  them  would  have 
been  wasting,  the  most  experienced  and  efficient  contractors 
would  have  sustained  great  loss,  in  tools  and  other  preparations 
made  with  a  view  to  their  continued  engagement  on  the  canals, 
and  they  must  have  betaken  themselves  to  other  employments. 
These  results,  and  others  equally  pernicious,  would  have  been  in- 
evitable. The  total  amount  of  disbursements  for  exploring  par- 
ties last  year,  is  $8,400. 

-Fundi.  But  the  unforeseen  causes  of  expense  heretofore  indicated  as 
unavoidably  connected  with  bringing  all  our  contracts  to  a  close, 
have  greatly  exceeded  our  expectation  :  and  we  have  been  com- 
pelled to  anticipate  $122,500  of  the  funds  of  the  present  year. 

Our  contracts  upon  the  middle  section  were  all  to  have  been 
fully  performed  by  the  first  of  October  last,  and  as  soon  as  they 
were  performed,  all  the  monies  earned  upon  them  became  due. 
If  these  sums  had  not  been  paid,  every  contractor  would  have 
been  ruined  ;  and  anxious  as  we  were,  from  the  most  pressing 
considerations  ;  that  of  safety  to  the  canal,  which  incomplete, 
would  have  been  much  more  exposed  to  injury  from  the  frosts  ot 
the  winter  and  the  floods  of  the  spring  :  that  of  economy  to  the 
contractors,  who  could  not  be  expected  to  quit  their  work  when 
they  had  nearly  accomplished  it,  and  afterwards  return  to  it  at 
great  expense,  because  our  disbursements  were  likely  to  exceed 
our  estimates ;  and  that  of  duty  to  the  public,  who  have  a  para- 
mount interest  in  having  the  canal  navigable  as  soon  as  possible, 
in  order  that  it  may  speedily  produce  profitable  returns,  we  could 
not  hesitate  to  incur  the  responsibility  of  such  anticipation.  The 
money  was  borrowed  at  six  per  cent,  interest,  and  on  the  fifth  ot 
January  last,  certificates  of  stock  were  issued  by  the  commission- 
ers of  the  canal  fund,  to  cover  it.  The  interest  of  this  money 
from  the  time  of  its  beingloaned  up  to  the  time  of  issuing  the  stock, 
amounts  to  £1775  03,  which  sum  we  solicit  your  honorable  body 
to  authorise  the  comptroller  to  place  to  our  credit,  as  we  have 
paid  it  for  the  reasons  above  stated*. 


canal  lav^s, 


Deduct  $122,500  with  the  interest  on  loans  of  the  preceding  1820. 

and  present  years,  from  $600,000,  the  amount  of  the  permanent N  v  * 

legislative  appropriation,  and  it  will  be  seen  that  little  more  than 
$400,000  will  remain  applicable  to  the  construction  of  the  canals 
for  the.  ensuing  season.  From  this  sum  a  further  deduction, 
which  may  be  considerable,  but  of  which  the  amount  is  yet  unas- 
certained, must  be  made  for  the  purchase  of  the  rights  of  the 
western  inland  lock  navigation  company,  with  whose  w  orks  we 
shall  so  interfere  at  Wood  creek,  whenever  we  fill  our  canal,  as 
to  render  such  purchase  expedient. 

i  After  these  deductions,  we  think  the  money  remaining  subject 
to  our  control,  will  not  be  adequate  to  the  due  prosecution  of  the 
canals.  We  therefore  recommend,  that  so  soon  as  the  amount  of 
money  to  be  paid  to  the  western  inland  navigation  company  shall 
be  ascertained,  according  to  law,  it  shall  be  paid  by  the  commis- 
sioners of  the  canal  fund  in  certificates  of  stock,  to  be  issued  by 
them  for  that  purpose,  and  bearing  an  interest  of  five  per  cent. 
And  we  further  recommend,  that  there  be  appropriated  to  the 
canals,  by  law,  for  the  present  year,  in  order  to  supply  the  defi- 
ciency of  funds  occasioned  by  the  anticipation  aforesaid,  and  in 
addition  to  the  amount  of  stock  last  above  mentioned,  the  sum  of 
■122,500  over  and  above  the  sums  now  appropriated  to  them. 
,  As  fast  as  the  canals  are  rendered  navigable,  they  will  be  liable  Canal*  wAj* 
to  injuries  of  various  kinds.  The  banks  may  be  broken,  the  fen-  1 
ces  may  be  thrown  down,  the  waste  gates  may  be  opened  or  shut 
improperly,  the  passage  may  be  obstructed,  and  all  the  works 
may  be  defaced,  and  many  of  them  essentially  impaired,  both 
by  carelessness  and  by  malice.  We  therefore  recommend  the  pas^ 
sage  of  a  law,  imposing  suitable  penalties,  for  every  injury  to 
which  they  may  be  exposed. 

The  experiments  that  have  been  attempted  at  navigation  on  our 
canals,  have  been  entirely  satisfactory  to  every  witness  of  therm 
The  novelty  of  seeing  large  boats  drawn  by  horses,  upon  waters 
artificially  conducted — through  cultivated  fields,  forests  and 
swamps,  over  ravines,  creeks  and  morasses,  and  from  one  eleva- 
tion to  another,  by  means  of  ample,  beautiful  and  substantial 
locks,  has  been  eminently  exhilerating.  The  precision  of  the 
levels,  the  solidity  of  the  banks,  the  regularity  of  the  curv  es,  tin; 
symmetry  of  the  numerous  and  massive  stone  works,  the  depth 
,of  the  excavation  in  some  places,  the  extent  of  the  embankments 
i  mother*,  and  the  impression  produced  every  where  along  thr 


CANAL  LAWS,  kc. 


1520.    line,  by  the  visible  effects  of  immense  labor,  have  uniformly  a£ 

'  v  *  forded  gratification  mingled  with  surprise.    The  ease  with  which 

the  canals  may  be  approached,  and  the  facility  of  transportation 
on  their  waters,  will  recommend  them  to  immediate  and  extent 
sive  use.  And  every  result  hitherto  ascertained  experimentally, 
in  relation  to  them,  fully  justifies  the  favor  with  which  preceding 
legislatures  have  regarded  them,  and  exhibits  the  most  perfect  and 
irresistible  claims  to  the  steady  and  liberal  patronage  of  yoof 
honorable  body. 

In  reference  to  the  Champlain  Canal — 
Champ'ain  During  the  last  season  the  works  on  the  Champlain  Canal  have 
been  prosecuted  with  zeal  and  activity,  by  the  several  contrac- 
tors to  whom  they  were  committed.  The  locks,  the  waste  weirs, 
the  culverts,  and  the  remaining  parts  of  the  excavation  and  em- 
bankment, have  been  so  far  completed  as  to  render  the  canal  fit 
for  navigation.  On  admitting  the  water  in  December  last,  it  was 
ascertained  that  both  levels  are  perfectly  correct. 
Deficiency  of    Owinp:  to  a  deficiencv  of  funds,  the  canal  has  not  been  fenced  : 

funds.  ° 

and  this,  it  is  believed,  is  the  most  expensive  part  of  the  work 
which  remains  to  be  done.  A  towing  path  along  the  margin  of 
Wood  Creek  is  to  be  constructed.  There  are  two  places  in  the 
vicinity  of  the  village  of  Fort  Ann,  where  the  canal  passes  on 
the  slope  of  a  clay  hill,  and  where  the  earth  below  the  canal 
showed  a  disposition  to  slip  after  the  canal  was  filled  with  water. 
Measures  were  immediately  taken  to  secure  those  slips,  but  the 
work  was  arrested  by  the  frost  before  it  was  completed,  and  it 
will  be  necessary  to  finish  it  as  early  in  the  spring  as  practicable. 
The  banks  of  the  canal  admit  but  very  little  water  to  escape 
through  them  ;  and  it  is  believed  that  the  solidity  and  compact- 
ness which  they  will  have  acquired  in  another  season,  will  ren- 
der them  impervious  to  water.  The  supply  of  water  on  the  sum- 
mit level  has  answered  the  expectations  which  had  formerly  been 
indulged,  and  it  is  believed,  that  with  ordinary  seasons,  a  feeder 
will  not  be  wanted  in  many  years.  Although  the  market  at  the 
present  time  is  unfavourable  for  the  lumbering  business,  yet  from 
the  best  information  which  can  be  obtained,  it  is  expected,  in 
rase  no  accident  should  happen  to  the  canal,  that  nearly  half  a 
million  of  boards  and  plank  will  be  passed  through  it  the  en- 
suing season. 


CANAL  LAWS,  &e* 


457 


In  the  report  of  the  ISth  March,  IS  17,  the  construction  of  the  1S20. 

canal,  from  the  lake  to  the  Hudson,  was  estimated  to  cost  v  v— J 

$250,000.  This  estimate  was  made  on  thesupposition,thatthecanal 
should  be  "  thirty  feet  wide  at  the  surface,  twenty  feet  at  the  bot- 
tom, and  three  feet  deep  ;  and  the  locks  to  be  seventy-five  feet 
long1,  and  ten  feet  wide  in  the  clear."  Since  that  period,  for  rea- 
sons which  are  assigned  in  the  report  of  the  31st  January,  1818, 
the  canal  commissioners  determined  to  enlarge  the  dimensions  ~  .  . 
of  the  canal,  so  that  it  should  be  forty  feet  wide  at  the  surface, <be«> 
twenty-eight  at  the  bottom,  and  four  feet  deep,  and  the  locks  to 
be  ninety  feet  long  and  fourteen  feet  wide  in  the  clear.  This 
enlargement  of  the  works  added  about  one  third  to  the  cost  of 
construction,  and  the  original  estimate  increased  by  the  same  ra- 
tio, would  be  $333,000. 

There  has  been  paid  already,  towards  the  construction  of  the 
orks,  $232,208  86,  and  on  account  of  appraisements  which  Amount  paid, 
ere  not  included  in  the  original  estimates,  the  sum  of  $33,870 
49.  The  additional  expense  of  fencing  the  canal,  and  finishing 
all  the  works,  will  not,  it  is  believed,  exceed  $25,000  or 
$30,000,  so  that  this  section  of  the  canal  will  be  constructed  for 
$255,000  or  $200,000,  a  diminution  from  the  estimate  of  more 
than  twenty-eight  per  cent. 

In  order  to  prevent  any  unjust  impression  from  being  made     Notices  of 
by  the  preceding  statement,  as  to  the  comparative  economy  with  exPeDse3^  - 
which  the  middle  section  of  the  Erie  canal  has  been  constructed, 
it  ought  here  to  be  observed,  that  when  the  original  estimate  of 
the  expense  of  opening  the  Champlain  canal  was  made,  there 
were  no  such  data  of  minute  calculation  before  the  Commission- 
ers, as  were  furnished  on  the  middle  section  of  the  Erie  canal. — 
From  Utica  to  the  Seneca  river,  the  aggregate  expense  was  made 
up  of  a  separate  valuation  of  the  cost  of  every  mile,  that 
is,  there  was  a  distinct  estimate  for  every  mile  of  the  grubbing 
and  clearing,  of  the  number  of  cubic  yards  of  excavation, 
and  of  embankment,  with  the  price  per  yard  of  each,  and  of  the 
bridges,  culverts,  aqueducts  and  locks,  wherever  they  were  deem- 
ed necessary.    While  on  the  Champlain  canal,  it  was  necessari- 
ly otherwise  from  the  character  of  the  returns  made  by  the  en- 
gineer. Col.  Garin.    These  returns  did  not  enable  us  accurate- 

58 


458 


CANAL  LAWS,  fcc. 


1820.    ly  td  calculate  the  quantity  of  excavation  or  embankment,  the 
'  number  of  aqueducts,  culverts,  waste-weirs  or  bridges. 

DE  WITT  CLINTON, 
STEPHEN  VAN  RENSSELAER, 
SAMUEL  YOUNG, 
MYRON  HOLLEY, 
HENRY  SEYMOUR. 
Albany,  18th  Feb.  1820. 

Ordered,  That  the  same  be  referred  to  the  committee  on  so 
much  of  the  speech  of  his  Excellency  the  Governor,  as  relates 
to  the  western  and  northern  canals. 


Local  tas. 


XXXI. 

REPORT  OF  CANAL  COMMITTEE  IN  1820. 

In  Assembly,  March  14, 1820c 

Mr.  Huntington,  from  the  committee  to  whom  was  referred  that 
part  of  his  Excellency  the  Governor's  speech  which  relates  to 
the  western  and  northern  canals,  and  various  resolutions  and  pe- 
titions pertaining  to  the  same,  reported  : 

That,  in  reference  to  the  resolution  of  the  honorable  the  As- 
sembly, concerning  the  raising  of  a  tax,  on  lands  adjacent  to  the 
canals,  and  also  the  resolution  concerning  the  disbursements  of 
money  exclusively  upon  the  eastern  section  of  the  Erie  canal  and 
the  southern  parts  of  the  Champlain  canal,  until  the  same  are 
completed,  they  have  requested  the  canal  commissioners  to  com- 
municate to  them  such  information  as  they  possessed,  on  the  sub- 
jects of  the  said  resolutions,  and  have  received  from  them,  in  an- 
swer to  said  request,  the  communication  which  accompanies  this 
report. 

Having  maturely  considered  that  part  of  the  said  communica- 
tion, whieh  relates  to  the  local  tax,  the  committee  are  of  opinion, 
for  the  reasons  therein  stated,  in  which  the  canal  commissioners 
are  unanimous,  that  it  is  inexpedient,  at  present,  for  the  legisla- 
ture to  take  any  measure  relating  to  the  raising  of  the  said  tax. 
On  the  subject  of  directing  the  places  on  which  the  monies 
to  bo  first  laid  subject  to  the  control  of  the  canal  commissioners  shall  be  first 
laid  out,  the  committee  perceive  that  there     considerable  diver- 


CANAL  LAWS.  *c<_.  toft 

shy  of  opinion.  They  understand,  however,  that,  without  the  1820. 
interference  of  the  legislature,  it  is  intended  that  all  that  part  ofv  «r — * 
the  western  section  of  the  Erie  canal,  which  extends  from  Seneca 
river  to  Genesee  river,  being  about  sixty-three  miles,  and  all  that 
part  of  the  eastern  section  of  the  same  canal,  which  extends  from 
Utica  to  the  foot  of  the  Little  Falls  of  the  Mohawk,  being  about 
twenty-six  miles  ;  and  all  that  part  of  the  Champlain  canal, 
which  extends  from  Fort  Edward,  on  the  Hudson  river,  to  the 
lower  end  of  the  Saratoga  level,  being  about  twenty-seven  miles, 
shall  be  divided  into  small  sections,  as  soon  as  may  be,  this  sea- 
son, and  let  out  to  contractors  simultaneously. 

The  committee  have  attended  to  the  suggestions  in  favor  of 
the  resolution,  concerning  this  subject,  as  well  as  to  those  against 
it ;  and  after  much  deliberation,  they  have  found  themselves  un- 
able to  come  to  a  decided  result.  It  is  probable,  that  the  differ- 
ent theories,  as  to  the  advantages  to  be  expected  from  adopting 
that  course  of  expenditure,  to  which  the  board  of  canal  commi  - 
sioners  are  inclined,  or  the  course  indicated  in  the  resolution  of 
the  Assembly,  will  be  essentially  illustrated  by  the  experience  of 
the  approaching  season.  And  the  committee  deem  it  expedient 
to  wait  for  the  benefit  of  such  experience,  before  they  interfere, 
in  any  way,  to  counteract  or  control  the  plans  of  the  canal  com- 
missioners, who  have  hitherto  managed  their  business  with  suc- 
cess. 

To  George  Huntington,  Esquire,  Chairman,  §*c. 

Sir — Your  letter,  requesting  from  the  canal  commissioners  any  Letter  from 
information  which  they  have  to  communicate  relating  to  the  sub-  j^jffL^ 
ject  of  two  resoUuions  of  the  honorable  the  Assembly,  referred 
to  the  committee  of  which  you  are  the  chairman,  has  been  duly 
received,  and  we  now  transmit  to  you  the  following  answer* 
thereto. 

The  first  of  the  said  resolutions  is  in  these  words — 
"Resolved,  That  the  committee  on  that  part  of  the  speech  of 
his  Excellency  the  Governor,  '  concerning  the  western  and  north- 
ern canals,  and  the  repeal  or  modification  of  the  local  tax  on 
lands  adjacent  to  them,'  be  instructed  to  inquire  into,  and  report 
upon,  the  expediency  of  bringing  in  a  bill,  requiring  the  canal 
commissioners,  during  the  present  year,  to  raise  the  sums,  and  in 
*he  manner  required  in  and  by  the  seventh  section  of  the  act. 
entitled  'an  act  respecting  navigable  communications  between 
the  great  western  and  northern  lakes  and  the  Atlantic  ocean, ' 


40.0  CANAL  LAWS,  &<  . 

1820.     passed  April  loth,  1817,  and  in  pursuance  of  the  latter  paru- 
*  ^ — i  graph  0f  the  fifth  section  of  the  act,  entitled  '  an  act  concerning 
the  great  western  and  northern  canals,'  "  passed  April  7th,  1819. 

1st.  The  inconvenience  and  expense  of  collecting  such  a  tax, 
a/ford  very  strong  reasons  against  the  expediency  of  it. 

Previous  to  its  collection,  it  would  be  necessary  to  have  the 
district  on  each  side  of  the  canal  to  which  the  tax  should  apply, 
accurately  surveyed  and  bounded  ;  and  as  the  canal  line  waves 
into  frequent  curves,  of  different  lengths,  the  labor  of  ascertaining 
and  designating  the  outside  limits  of  this  district  v/ould  be  very 
great.  If  the  tax  were  to  be  levied  upon  towns  or  counties,  or 
other  territorial  divisions,  of  which  the  limits  are  precisely  known 
and  described,  this  survey  would  be  unnecessary.  Under  those 
sections  of  the  canal  laws,  which  refer  to  this  subject,  as  they  now 
stand,  it  would  be  unavoidable. 

The  task  of  apportioning  the  tax  upon  the  lands  and  real  es- 
Localtax.  ^ate  subject  to  it,  would  be  exceedingly  burdensome  :  for,  in  or- 
der to  this,  the  lands  and  real  estate  must  be  separately  assessed ; 
and  this  assessment  could  not  be  judiciously  made  without  pos- 
sessing an  accurate  description  of  the  property,  and  a  thorough 
knowledge  of  all  the  local  circumstances  which  could  affect  its 
value.  The  extent  of  the  business  of  collecting  such  descrip- 
tions, and  inquiring  into  and  understanding  such  circumstances, 
will  be  best  appreciated  by  considering,  that  the  length  of  the 
Erie  canal  is  353  miles, 

And  that  of  the  Champlain  canal  61  do. 


In  all,  414  miles. 

The  number  of  the  different  owners,  and  the  various  kinds  of 
property  subject  to  the  tax,  included  within  a  territory  four  hun- 
dred and  fourteen  miles  long  and  fifty  broad,  and  stretching 
through  the  most  populous  part  of  the  state,  need  only  to  be 
mentioned  to  impress  every  mind  with  the  conviction,  that  the 
labor  of  making  such  assessment  would  be  enormous.  And  this 
labor  could  not  be  saved  by  adopting  the  assessments  made  un- 
der the  authority  of  the  different  towns  included  within  the  taxa- 
ble list ;  because  it  is  well  known  to  those  who  have  had  much 
to  do  with  town  assessments,  that  there  is  great  inequality  in  the 
valuations  of  property  in  different  towns  of  the  same  county,  and 
still  greater  inequality  in  the  valuation  of  property  in  the  differ- 
ent counties.    These  inequalities  have  been  heretofore  complain- 


CANAL  LAWS,  toe.  Joi 

of,  and  elforts  ha\e  been  made  to  correct  them  since  the  im-  1820. 
sition  of  a  state  tax.  [f  this  local  tax  should  be  enforced,  the  v^-v-^ 
amount  of  it  upon  a  part  of  our  citizens,  being  much  greater 
than  any  state  tax  heretofore  levied  upon  them,  would  induce 
them  to  urge  a  new  assessment,  to  be  applied  upon  uniform  prin- 
ciples, to  all  the  lands  and  real  estate  subject  to  the  tax.  And, 
as  a  line,  twenty-five  miles,  on  each  side  of  the  canals,  would  in- 
evitably necessitate  new  assessments  of  portions  of  farms  and 
3th er  real  estate,  which  would  be  divided  by  such  line,  that  cir- 
cumstance would  so  fortify  the  claim  of  these  citizens  as  to  ren- 
der it  irresistible. 

But  if  the  town  assessments  should  be  adopted,  the  labor  of  Assessment 
apportioning  the  tax  upon  the  lands  and  real  estate  required  to 
Day  it,  according  to  the  benefit  which  they  shall  be  considered 
jy  the  canal  commissioners  as  deriving  from  the  making  of  the 
:anals,  would  be  equivalent  to  that  of  the  assessment.  It  would 
nvolve  the  same  necessity  of  particular  and  separate  descriptions 
,}f  every  kind  of  property  subject  to  the  tax,  and  a  much  more 
Bifficult  estimate  of  the  circumstances  which  might  be  supposed 
lo  give  that  property  value — more  difficult,  because  such  esti- 
mate must  be  made  without  the  light  of  experience,  as  to  the 
proportion  in  which  the  benefits  of  the  canals  will  be  conferred 
'ipon  property  in  their  vicinity. 

But  let  us  suppose  that  the  multiplied  details  of  assessing  the 
broperty,  and  apportioning  the  tax,  had  been  entered  upon  and 
rpne  through  with,  the  canal  commissioners  are  then  to  make 
hules  and  regulations  for  collecting  the  tax,  which  may  be  done  by 
sale  of  the  lands  and  real  estate,  or  otherwise  ;  nothing  more  being 
Necessary  to  make  these  rules  and  regulations  of  the  most  binding 
md  effective  authority,  than  the  sanction  and  approval  of  the  chan- 
cellor and  judges  of  the  supreme  court,  or  a  majority  of  them. 
The  delegation  of  authority  so  extensive  as  that  of  making  rules 
ind  regulations,  which,  by  the  letter  of  the  law  under  which  they 
Me  made,  may  produce  the  transfer  of  a  part  of  the  real  estate 
of  half  this  community,  appears  to  be  very  exceptionable.  No- 
hing  but  the  strongest  necessity  could  justify  its  exercise  by  any 
jody  but  the  legislature. 

When  these  rules  and  regulations  are  made,  and  the  assessment 
oils  completed,  containing  exact  descriptions  of  all  the  property  Coltectors- 
axed,  the  valuation  of  it,  and  the  amount  of  tax  apportioned  to 
*ach  individual  on  it,  then  n  numerous  bodv  of  collectors  are  to 


CANAL  LAWS,  &tc. 


1820.    be  appointed,  who  must  give  adequate  security  tor  the  faithful 

s  v  'performance  of  their  duties  respectively,  and  be  required  to  make 

returns  on  or  before  a  certain  time,  of  all  the  monies  collected  by 
them.  These  returns  must  be  made  to  persons  of  fidelity  and 
competent  intelligence,  who  must  carefully  examine  them,  and 
who  will,  most  assuredly,  find  them  very  incomplete.  After  the 
labor  of  many  successive  years,  to  perfect  the  assessment  rolls, 
for  the  purposes  of  ordinary  town  and  county  taxation,  the  de- 
scription of  property  is  generally  very  imperfect,  and  arrears  are 
often  charged  upon  it,  from  year  to  year,  for  the  want  of  such  a 
description  as  will  serve  for  its  legal  conveyance.  And  it  is  no- 
torious, that  the  amount  actually  collected,  always  falls  far  short 
of  the  sum  directed  to  be  collected  :  but  as  the  system  ot  taxation, 
for  these  purposes,  is  in  uniform  application" every  year,  there 
are  various  ways  provided  by  law  by  which  the  defects  and  er- 
rors of  one  year  are  supplied  and  corrected  in  succeeding  years. 
It  is  certain,  that  the  assessment  rolls  for  the  local  tax,  and  the 
returns  of  the  collectors  thereof,  would  be  more  defective  and 
erroneous  than  those  of  common  collectors,  and  the  errors  and 
deficiencies  in  their  case  could  be  remedied  only  by  the  labor  of 
a  new  assessment,  apportionment  and  collection. 

The  inconvenience  of  this  mode  of  raising  money  would  soon 
be  apparent  to  every  body,  and  it  would  become  justly  odious. 
It  would  also  be  oppressive :  for  the  great  number  of  persons 
whom  it  would  employ,  and  the  responsibility  and  duration  of 
their  services  would  necessarily  lead  to  great  expense.  All  these 
services  must  be  reasonably  paid  ;  and  wlfen  the  money  raised 
in  this  way  should  be  counted,  and  the  accumulated  services  re- 
quired in  order  to  its  collection  should  be  paid  for  and  deducted, 
it  would  probably  be  found,  that  not  more  than  half  of  it  would 
remain  applicable  to  the  construction  of  the  canals. 
*  Local  tax.  Before  the  provision  for  a  local  tax  was  adopted,  in  1817,  a 
joint  committee  of  the  legislature  made  an  elaborate  report  to 
the  Assembly,  in  which  they  manifest  their  opinion,  that  such  a 
tax  should  be  eventually  levied  from  every  section  of  the  state, 
which  it  was  believed  would  derive  peculiar  benefit  from  the  ca- 
nals. The  report  alluded  to,  is  dated  19th  March,  1817,  and 
the  following  is  an  extract  from  it,  to  wit,  "  A  tax  to  be  laid 
upon  the  valuations  of  real  and  personal  property,  in  the  coun- 
ties, cities  or  towns,  which  will  be  particularly  benefited  by  the 
construction  of  these  canals,  of  from  one  third  to  three  fourths 


CANAL  LAWS,  fee. 

>t'a  mill  upon  a  dollar.    And  the  places  to  which  this  tax  should 
ipply,  and  the  proportion  of  its  application  to  each,  your  com- 
nittee  think  should  be  as  follows  : 
New-York  at  £  mill  on  last  year's  valuation  amount- 
ing to 

Albany  and  Watervliet  at  J  mill  on  do. 

The  towns  of  VVaterford,  Stillwater,  Saratoga,  North- 
umberland and  Moreau,  in  the  county  of  Sara- 
toga, at  I  mill  do. 

All  the  towns  of  Washington  county,  excepting  Cam- 
bridge, Jackson  and  Whitecreek  at  \  mill  do. 

The  county  of  Essex  at  i  mill  do. 


469 
1820. 


Local  tax  pro 

postd. 


$41,037 
4,776 


Clinton 
Montgomery 
Herkimer 
Oneida 
Madison 
Onondaga 
Cayuga 
Seneca 
Ontario 
Genesee 
Niagara 
Chautauque 
The  city  of  Troy 
The  village  of  Lansingburgh 


do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 
do. 


1,762 

2,672 
706 
1,135 
2,593 
1,914 
7,098 
3,408 
2,869 
3,647 
3,066 
11,203 
5,834 
2,373 
647 
800 
180 


That  the  places  above  enumerated,  and  not  included  within 
limits  of  twenty-five  miles,  on  each  side  of  the  canals,  w  ill 
specially  beneiited  by  these  works,  cannot  be  doubted,  and 
ifore  it  appears  just,  that  if  a  local  tax  upon  lands  and  real 
ite  is  to  be  imposed  at  all,  it  ought  to  extend  to  them. 
But  there  is  now  a  local  tax  paid  to  a  large  amount,  by  all  the 
intry  parts  of  the  state,  in  the  vicinity  of  the  Erie  canal,  to 
:h  the  law  applies.  The  tax  referred  to,  is  the  duty  of  twelve 
a  half  cents  per  bushel,  on  all  salt  manufactured  in  the 
tern  district. 


This  duty  amounted  in  1817  to 
"  1818  " 
"  1819  " 


$2,926  28 
48,784  27 
61,432  11 


Silt  tai. 


In  all.  $113,143  66 


CANAL  LAWS,  to 


1820.     nearly  double  the  amount  of  all  the  interest  paid  on  monies  loan-, 

— v  '  ed  by  the  state  for  both  canals.    The  amount  of  such  interest 

paid  in  1817  was  $6,000 
"  1818  "  16,250 
"  1819    "  38,836  64 


In  all,  $61,086  64 

The  duty  on  salt  is  paid  cheerfully,  and  it  is  of  easy  collec- 
tion. The  places  at  which  it  is  manufactured  are  all  so  con- 
veniently near  the  line  of  the  Erie  canal,  or  the  Salina  side-cut, 
as  to  enjoy  all  the  facilities  of  transportation  afforded  by  them. 
These  facilities  will  immediately  lessen  the  expense  of  fuel,  at  the 
salt  works,  which  will  produce  a  proportionate  diminution  in  the 
price  of  salt  there.  And,  as  by  means  of  these  canals,  and  the 
waters  with  which  they  connect,  the  same  boats  will  be  able  to 
pass,  early  in  the  ensuing  season,  without  unloading,  all  the  way 
from  the  saltworks  to  Schenectady,  on  the  one  hand,  and  to  the 
southern  extremities  of  the  Cayuga  and  Seneca  lakes,  on  the 
ijther ;  it  is  certain,  that  the  market  for  this  article  w  ill  be  at  once 
greatly  extended,  and  of  course  there  will  be  collected  a  pro- 
portionate increase  of  duty.  And  this  consideration  seems  to 
render  a  resort  to  a  local  tax,  upon  lands  and  real  estate,  at  pre- 
sent, altogether  inexpedient. 

2d.  A  compliance  with  the  resolution  is  at  present,  absolutely 
impracticable. 

The  7th  section  of  the  act,  passed  April  15th,  1817,  and  re- 
ferred to  in  the  resolution,  makes  it  the  duty  of  the  canal  com- 
missioners "  to  raise  the  sum  of  $205,000,  to  be  appropriated 
towards  the  making  and  completing  the  said  canals  from  the  Mo- 
hawk river  to  the  Seneca  river,  and  from  Lake  Champlain  to 
Hudson  river,  by  causing  to  be  assessed  and  levied,  in  such  man- 
ner, as  the  said  commissioners  may  determine  and  direct,  the  said 
sum  of  $250,000,  upon  the  lands  and  real  estate  lying  along  the 
route  of  the  said  canals,  and  within  twenty-jive  miles  of  the  same 
on  each  side  thereof."  And  the  5th  section  of  the  act,  passed 
April  7th,  1819,  also  referred  to  in  the  resolution,  suspends  the 
raising  of  the  money  directed  in  the  7th  section  aforesaid,  until 
the  further  order  of  the  tegislature  thereon,  and  provides  "  that 
whenever  the  legislature  shall  direct  the  assessment  and  collec- 
tion of  such  tax,  a  similar  tax  shall  be  assessed  and  collected,  on 
the  sections  mithomsed  by  this  art.  and  on  the  like  principle  as  tffi 


CANAL  LAW  S,  S., 


4  b  j 


tared  in  said  7th  section. "    The  sections  of  the  two  canals,  an-  1S20. 

horisedtobe  made  by  the  act  7th  April,  1SH>,  were  both  the  east-  v  <  * 

rn  and  western  sections  of  the  Erie  canal,  and  all  that  part  of  the 
Jhamplain  canal,  which  extends  from  Fort  Edward,  down  the  find- 
on  river,  to  its  navigable  waters.  Now  the  line  of  the  Erie  ca- 
al,  through  all  that  part  of  the  western  section,  lying  between 
renesee  river  and  lake  Erie,  is  not  yet  located  ;  neither  is  the 
ine  of  that  part  of  the  eastern  section,  w  hich  extends  from  the 
western  limits  of  Herkimer  county  to  the  Hudson  rivet  ;  nor  the 
outhern  extremity  of  the  line  of  the  Champlain  canal.  In  all 
•laces  where  the  canal  line  is  not  yet  definitively  established,  the 
istrict  of  country  from  which  the  tax  should  be  levied,  is  not 
et  ascertained,  a  compliance  with  the  resolution,  in  respect  to 
uch  places,  is  therefore  at  present,  obviously  impracticable. 

The  second  of  the  said  resolutions,  is  in  these  words, — M  Re-  RCio!utioo>. 
olved,  that  the  said  committee  also  inquire  into,  and  report 
pon,  the  expediency  of  directing  the  canal  commissiou- 
rs  to  apply  the  funds,  under  their  control,  in  constructing 
he  northern  canal,  and  the  western  canal,  from  Utica  to  the 
ludson,  and  of  delaying  the  construction  of  a  canal  west  of  Sc- 
cca  river,  until  the  northern  canal,  and  the  western  canal  from 
Jtica  to  the  Hudson  be  completed. 

After  much  inquiry  and  deliberation,  it  is  believed  to  be  whol- 
y  inexpedient  to  subject  the  canal  commissioners  to  the  direc- 
iod  mentioned  in  this  resolution. 

1st.  Because  about  twenty  miles  of  the  canal  west  of  the  Sr-  R(,aJO„. 
eca  river,  have  already  been  contracted  for  to  individuals,  all  of  a?ain-'t  r 
rhom  have  been  at  great  expense,  in  making  the  necessary  pre- 
parations for  prosecuting  their  contracts  ;  and  most  of  whom 
ave  been,  for  some  time  past,  with  several  hundred  hands,  aciu- 
lly  at  work  upon  them.  These  contracts  were  entered  into,  un« 
er  the  authority  of  the  canal  laws ;  and  the  expense  of  their 
ill  psrformance,  will  probably  exceed  $200,000.  of  which  Be- 
eral  thousand  dollars  have  already  been  earned,  by  labour  laid 
»ut  upon  them. 

Under  the  sanction  of  the  legislature,  to  violate  contracts,  thus 
egally  made,  could  be  justified  only  by  the  most  pressing  con- 
iderations  ;  and  in  this  case,  besides  involving  a  breach  of  pub- 
:c  faith,  and  the  disrepute  of  legislative  instability,  it  would  b< 
loing  the  greatest  injustice  to  the  contractors,  linlfSl  heavy  dania- 
res  were  paid  them. 


460 


(  ANAL  LAWS,  &c. 


1S20.       The  expense  of  preparation,  in  building  the  necessary  huts  for 

— v  \  the  men,  and  shelters  for  the  cattle,  in  purchasing  spades,  shovels, 

picks,  wheelbarrows,  ploughs,  scrapers,  chains,  crowbars,  carts, 
horsing-blocks,  wheeling-planks,  axes,  grubbing-hoes,  wheels, 
screws,  pike-poles,  ladders,  cranes,  horses,  oxen,  corn,  oats,  hay, 
flour,  meat  and  vegetable,  and  of  transporting  them  all  to  the 
scene  of  labor,  is  by  no  means  small.    The  advances  made  on 
the  middle  section,  for  these  purposes,  was  generally  from  $300 
to  $2000,  to  each  contractor,  depending  upon  the  extent  of  his 
contract.    West  of  the  Seneca  river,  no  advances  were  made, 
before  the  commencement  of  the  present  year,  because  the  com- 
missioners had  no  funds  in  their  hands,  for  such  purpose,  before 
that  time  ;  and  but  few  advances  have  been  made  there  since. 
The  expense  of  preparation,  nevertheless,  has  been  incurred. 
And  this  expense,  together  with  that  of  the  labor  laid  out  on  the 
jobs,  would,  in  a  great  measure,  be  thrown  away. — But  the  loss 
of  this  expense  and  labor,  and  the  disappointment  and  chagrin  : 
of  the  contractors,  would  not  be  the  only  evils  produced  by  this 
course. 

The  owners  of  the  land,  through  which  the  line  of  the  canal  is 
carried,  while  the  work  is  in  progress,  are  subject  to  many  incon- 
veniences.   Their  fields  are  thrown  open,  or  their  fences  are  new 
Trees      ^a*^'  ^or  temPorary  security,  while  the  work  is  going  on.  The 
trees,  throughout  all  the  woodland,  are  grubbed  up  and  cleared 
away,  or  felled,  for  the  width  of  eight  rods  ;  and  out  of  these 
trees,  timber  is  cut  and  hewed,  for  the  foundation  of  the  locks, 
aqueducts,  culverts  and  waste-weirs,  and  for  constructing  the 
road  and  frame  bridges,  aqueducts  and  fences.  Embankments 
are  commenced  across  the  ravines  and  vallies,  which  afford 
channels  for  the  streams  and  springs.    And  while  these  em- 
bankments are  incomplete,  new  channels  are  provided  in  many  1 
cases,  which  subject  the  adjoining  lands  to  more  or  less  hazard 
of  injury.    Wherever  excavation  is  begun,  drains  must  be  open-  ; 
ed,  which  will  naturally  discharge  all  the  water  running  into  the  I 
excavation.    And,  in  times  of  heavy  rain,  this  will  be  in  such 
quantity,  wherever  the  line  of  excavation  is  long,  and  the  drain  i 
from  the  land  into  it  extensive,  as  to  produce  torrents  of  sufficient 
power  to  gully  and  deface  the  ground  below. 

The  accumulation  of  mischiefs,  which  would  surely  result, 
from  leaving  any  considerable  portion  of  the  canal  line  unfinish-  j 
e<S  for  years,  after  it  was  once  begun  and  brought  into  the  situa-  J 


CANAL  LAWS, 


tion  above  mentioned,  should  not  lightly  be  encountered.  Among  1 5  20. 
these  mischiefs,  in  addition  to  those  above  enumerated,  must  be  v  v 
reckoned,  the  loss  of  much  valuable  timber  to  the  public,  and  of  the 
use  of  many  acresof  his  land  to  the  farmer,  who  would,  moreover, 
be  exposed  to  the  expense  and  vexation,  in  many  instances,  of 
having  his  usual  and  most  important  passages  for  all  agricultural 
objects,  effectually  obstructed,  on  his  own  farm.  It  is  not  in  the  na- 
ture of  man  to  hinder  circumstances  like  these,  from  producing 
the  most  untoward  effects.  And  it  behoves  every  friend  to  the 
canals,  before  be  contributes  to  their  existence,  to  consider  well 
their  bearing  and  their  influence. 

2d.  Because,  in  the  prosecution  of  undertakings  so  extensive    A  v 

1  °  pense  \>tr  m 

and  novel  as  these  canals,  it  is  most  prudent  and  safe  to  encounter 
the  places  of  least  difficulty  first,  and  afterwards  proceed,  with 
every  attainable  advantage  of  experience,  to  the  places  of  greater 
difficulty.  From  the  report  of  the  canal  commissioners,  dated 
the  17th  February,  1S17,  it  appears  that  the  whole  expense  of 
opening  the  navigation  from  Seneca  river  to  lake  Erie,  is  esti- 
mated at  $1,7S3,8G2.  Divide  this  sum  by  103,  the  number  of 
miles,  as  measured  on  the  canal  line  explored  in  IS16,  between 
those  two  places,  and  it  will  be  found  that  the  average  expense 
per  mile  is  $10,944.  In  the  same  report,  the  estimated  expense 
of  the  canal,  from  Utica  to  the  Hudson  river,  is  stated  at 
$2,007,457,  which,  divided  by  98,  the  number  of  miles  as  mea- 
sured on  the  canal  line,  between  those  two  places,  shows  the  ex- 
pense per  mile  to  be  $2 1 ,090.  This  difference  in  expense,  was  in- 
tended to  be  a  correct  indication  of  the  difference  in  the  difficulty 
of  constructing  the  canal  through  the  two  sections.  And  it 
ought  always  to  be  remembered,  that  in  proportion  to  the  diffi- 
culty of  making  a  canal,  in  any  given  places  is  the  chance  of 
expensive  contingencies  there,  even  after  long  experience  in  the 
business  of  making  canals.  With  little  experience  these  chances 
would  be  greatly  increased. 

The  canals  have  hitherto  gone  on  prosperously.  Let  us  not 
check  their  progress,  by  imprudence.  And  no  one  will  deny, 
that  a  large  amount  of  unforeseen  expenses,  in  councction  with 
occasional  miscarriages,  would  essentially  impair  the  energy, 
alacrity  and  sound  discretion,  to  which  the  public  anxiously 
looks  for  the  entire  accomplishment  of  these  important  projects. 

3d.  Because,  by  proceeding  immediately  w  ith  the  Erie  canal,    \0  J.  u 
west  of  the  Seneca  river,  the  ultimate  entire  construction  of  both  b€allowet 


CANAL  LAWS,  kc. 


1820.  canals,  is  ensured  ;  whereas  the  application  of  the  funds  announ- 
^*  v  '  ced  in  the  resolution,  would  subject  the  canal  line,  west  of  the 
Seneca  river,  to  the  hazard  of  eventual  abandonment.  If  the 
Champlain  canal  were  now  finished  to  the  tide  waters  of  the 
Hudson,  and  the  eastern  section  of  the  Erie  canal  were  completed, 
it  is  obvious  that  the  most  direct  and  apparent  local  advantages 
of  these  works,  would  be  secured  to  a  majority  of  our  popula- 
tion. Every  facility  of  transportation  and  mutual  intercourse, 
which  the  canals  would  ever  produce,  would  then  be  enjoyed,  by 
all  our  citizens,  from  the  mouth  of  the  Hudson,  to  the  northern 
extremity  of  lake  Champlain,  and  from  the  eastern  boundary  of 
our  state,  to  the  borders  of  Ontario  county. 

Thus  situated,  it  would  perhaps  be  calculating  too  much  up- 
on the  foreseeing  wisdom,  or  public  spirit  of  any  set  of  men,  to 
expect  them  to  advocate,  or  contribute  to,  the  disbursements  ne- 
cessary for  the  continuance  of  the  canal  one  hundred  and  sixty 
three  miles,  through  a  country,  which  is  now  averred,  by  those, 
who  think  they  have  a  local  interest  in  opposition  to  the  canal, 
to  be  sufficiently  well  accommodated  for  navigation,  by  the  wa- 
ters of  Lake  Ontario.  Men  of  narrow  minds  and  selfish  spirits, 
General  ar-  would  be  disposed  to  argue,  from  the  income  then  derived  from 
voui^ftheca-that  part  of  the  canals,  which  would  be  navigable,  on  the  capital 
expended  in  their  construction,  to  the  profit  which  ought  to  be 
anticipated  from  their  entire  completion.  And  this  argument 
would  have  seeming  weight  with  such  as,  not  having  meditated 
on  the  subject  much,  would  be  awkward  to  comprehend  the  in- 
teresting truth,  that  this  state  can  never  enjoy  a  tenth  part  of 
the  advantages  of  the  Erie  canal,  till  the  tide  of  inland  com- 
merce, of  which  it  is  to  be  the  channel,  is  permitted  to  flow, 
without  a  mile  of  portage,  from  the  great  lakes  to  the  Atlantic. 

The  great  fear  entertained  by  the  friends  of  the  canals,  since 
its  practicability  has  been  experimentally  demonstrated,  has  been 
founded  upon  the  influence  of  local  feelings,  and  the  deluded 
calculations  of  local  interests.  And  it  cannot  be  reasonably 
imagined,  that  the  way  to  remove  these  fears,  is  to  increase  the 
territory  over  which  such  interests  are  likely  to  prevail.  The 
plan  of  operations  adopted  by  the  canal  commissioners,  of  ad- 
vancing with  the  Champlain  canal  to  the  foot  of  the  Saratoga 
level,  and  of  hastening  the  construction  of  the  western  section  of 
the  Erie  canal,  while  they  address  themselves  more  gradually  to 
?lie  difficult  places  on  the  eastern  section,  seems  to  romport  bet" 


(  ANAL  LAWS,  to 


ter  than  any  other,  with  prudence,  and  with  an  earnest  desire  of  1820. 

seeing  the  whole  works  completed,  within  the  shortest  time,  and  s  v 

with  the  least  possible  drawback  from  unfortunate  contingencies. 

While  the  works  are  prosecuted  in  this  way,  much  useful  expe- 
rience will  be  gradually  acquired,  without  the  danger  of  serious 
and  expensive  errors.  And  no  man  can,  for  a  moment,  con- 
ceive, if  a  canal  communication  was  all  the  way  opened  from 
Lake  Erie  to  the  Little  Falls  of  the  Mohawk,  or  to  the  city  of 
[Schenectady,  that  any  physical  difficulty  now  existing,  or  polit- 
ical considerations  which  might  be  conjured  up,  could  then  be 
•able  to  withstand  the  force  of  that  command  for  its  extension  to 
the  Hudson,  which  would  issue  from  every  district,  county  and 
town,  in  the  state. 

4th.  Because,  the  state  has  abeadv  obtained  three  valuable   9  Gran?"' 

^  >         and  J  Ureir, 

^donations  of  land,  from  the  country  west  of  the  Seneca  river.  Paol Bprt,>nd 
for  the  increase  of  the  canal  fund,  to  wit  :  aion3  ofiwd. 

that  of  John  Greig,  Esq.  as  agent  for  the  Hornby 
I    estate,  of  o,000  acres. 

<hat  of  Paul  Busti,  Esq.  as  agent  for  the  Holland 
«  company,  of  106,030 
kind  that  from  the  Hon.  Gideon  Granger,  from 
I  his  own  estate,  of  1 ,000 

By  a  bond  duly  executed  by  the  donor,  this  last  donation  has  been, 
•guaranteed  to  produce  to  the  canal  fund, when  the  western  section 
•s  completed,  the  sum  of  $5,000.  And  Col  Troup,  the  agent  of 
ithe  Pultney  estate,  situate  in  the  same  region,  is  now  urging  his 
principals,  with  zeal,  and  a  prospect  of  success,  to  make  a  liber- 
al donation  in  money,  to  the  same  fund. 

\  These  acts  of  munificence,  while  they  furnish  the  most  i Tresis- 
ible  evidence  of  honest  and  strong  devotion  to  the  cana!  inter- 
ests, and  contribute,  in  no  mean  measure,  to  exalt  the  character 
>f  the  state,  have  also  some  claim  to  invite  the  expenditures  of 
unds  in  the  west.  It  would  doubtless  give  great  impression,  to 
he  recommendation  of  neglecting  for  the  present,  the  western 
lart  of  the  canal  line,  and  of  confining  the  disbursements  of 
noney,  exclusively  to  the  Mohawk  and  Hudson  rivers,  if  those, 
vho  live  in  their  vicinity,  and  enjoy  all  the  gifts  of  fortune,  were 
o  enlarge  the  canal  fund  by  similar  liberalities. 
'  5th.  Because  the  resources  of  the  state  to  complete  the  ca- 
bals, would  probably  accumulate  in  greater  ratio,  compared  with 


470 


CANAL  LAWS;  &c« 


1820.    the  expenditure,  by  going  west,  than  otherwise.    To  evince  this 

v  v  '  probability,  the  following  facts  and  considerations  are  suggested. 

Whenever,  in  its  progress  from  Seneca  river  west,  the  canal 
reaches  the  Genesee  river,  that  stream  will  afford  an  additional 
navigation  connected  with  it,  for  the  distance  of  near  forty  miles; 
that  is,  by  making  sixty-three  miles  of  canal,  at  about  half  the 
expense  per  mile,  at  which  ihe  eastern  section  is  estimated,  the 
state  will  have  the  benefit  of  one  hundred  miles  of  interior  navi- 
ducdon9UofOn*Sat^on'  through  a  country,  at  least  as  populous  and  productive 
tario  county,  as  anv  other  of  equal  extent  in  the  state.  The  surplus  productions 
of  Ontario  county  alone,  have  been  reckoned  as  high,  in  some 
seasons,  as  $600,000.  And  by  the  published  statements  of  the 
collector  of  the  port  of  Genesee,  it  appears  that  the  export  from 
the  mouth  of  that  river,  of  articles  growing  and  manufactured 
in  that  neighbourhood,  for  the  last  two  years,  has  been  to  the 
value  of  about  $900,000. 

From  the  Genesee  river,  on  the  most  northern  canal  route, 
about  seventy-two  miles  running  west,  will  lead  to  the  waters  of 
the  Tonnewanta  creek.  These  waters  flow  into  the  Niagara 
river  opposite  Grand  Island  :  and  as  they  are  deep  and  still,  from 
the  point  where  the  canal  will  intersect  them,  to  the  place  of 
their  discharge,  as  soon  as  the  canal  reaches  them,  they  will  af- 
ford a  navigable  communication  with  Lake  Erie,  obstructed  on- 
ly by  the  current  of  the  Niagara,  which  is  very  gentle,  except  at 
Black  Rock.  Immediately  after  this  consummation  is  effected, 
that  great  revolution,  which  the  construction  of  the  Erie  canal  is 
destined  to  produce  in  the  trade,  agriculture,  manufactures, 
wealth,  political  influence  and  public  character  of  this  state,  will 
begin  speedily  to  develope  itself.  The  difficulties  presented  at 
Black  Rock,  and  thence  to  the  Tonnewanta,  may  be  overcome 
Certain  ex.  at  leisure.  The  expense  of  overcoming  them  was  originally 
pcnse  compu-  computed  by  the  canal  commissioners,  at  $205,877.  Of  this 
sum  about  $10,000,  would  be  required  to  make  a  dam  and  tem- 
porary lock  of  a  little  more  than  four  feet  lift,  near  the  mouth  of 
the  Tonnewanta  creek,  which  would  be  necessary,  in  order  to 
prevent  a  more  expensive  operation  of  deep  cutting  from  the  said 
creek  northerly  through  the  mountain  ridge,  and,  in  reference  to 
the  ulterior  purpose  of  obviating  the  impediment  of  the  Black  Rock 
rapid.  In  deciding  upon  the  relative  profit  of  first  taking  up  the 
eastern  or  western  section  of  the  canal,  the  residue  of  this  sum 
ought  to  be  deducted  from  the  aggregate  of  estimates,  west  of 


CANAL  LAWS,  fee  171 

tiie  Seneca  river,  because  its  disbursement  might  be  postponed,     1 82a 

to  all  the  other  expenses  of  constructing  the  canal.    For  so  soon  v  v  ' 

as  the  navigation  is  opened  to  the  Niagara  river  above  the  falls, 
the  grand  object  of  a  navigable  communication  with  the  entire 
ake  country  will  be  secured,  and  that,  in  such  a  way  as  will  ef- 
fectually induce  that  country  to  make  us  the  most  acceptable  and 
irofitable  returns. 

Before  endeavouring  to  give  some  outline  of  the  wide  field  of  CommIm*. 
ntemal  trade,  which  a  boatable  connexion  with  Lake  Erie,  would  ll0n,'&u 
iflbrd  us,  it  may  be  useful  to  state  more  of  the  advantages  which 
*e  should  derive  from  opening  the  western  section  of  the  canal, 
n  preference  to  the  eastern,  without  adverting  at  all  to  e.vti  rior 
erritories. 

This  course  would  speedily  enhance  the  value  of  the  donations 
ft  land  to  the  canal  fund,  and  render  them  all  absolute.  If  the 
larbor  required  at  the  east  end  of  Lake  Erie,  should  be  con- 
ducted in  one  of  the  modes  proposed,  to  wit  :  by  building  a  dam 
rom  our  shore  below  the  Tonnewanta  creek,  to  Grand  Island, 
nd  then  connecting  that  island,  by  a  wall  of  timber,  earth  and 
tone,  with  Bird  Island,  at  the  foot  of  the  lake,  the  state  land  on 
ie  margin  of  the  Niagara  river,  and  Grand  Island,  would,  at 
nee,  become  more  valuable  than  any  other  equal  quantity  in  the 
estern  district.  The  dam  and  wall  would  afford  a  perpendicu- 
ir  head  of  water,  that  could  never  fail,  of  near  five  feet,  for  the 
?ngth  of  about  three  miles,  at  the  very  place  where  hydraulic 
stablishments  would  be  more  valuable  than  at  any  other  in  th»- 
hrited  States.  And  if  any  other  plan  of  a  harbor  is  adopted, 
value  of  these  islands  will  be  essentially  increased. 
In  all  cases  the  construction  of  good  roads  and  canals  from 
irge  commercial  towns,  into  any  interior  country,  afford  all  their 
nefits  to  a  range  of  that  interior  country,  which  constantly  wi- 
s  as  the  distance  from  the  towns  increases.  In  other  words, 
D  a  canal,  at  a  point  twenty  miles  from  the  market  town,  to 
hich  it  leads,  the  farmer  would  perhaps  find  a  saving,  in  traus- 
ortation,  by  bringing  bis  produce  to  the  canal,  from  a  distant  • 
f  five  miles  ;  while,  at  a  point  two  hundred  mile-  from  the  town, 
e  would  find  a  saving,  in  transportation,  by  bringing  his  pro- 
luce  from  a  distance  of  iifty  miles.  On  the  Erie  canal  this 
frinciple  has  a  striking  application.  The  width  of  country  to 
fe  benefited  by  this  canal,  in  it>  advance  west  from  Albany  al- 
ii} S  increases,  but  not  exactly  in  proportion  to  the  distance  - 


CANAL  LAWS,  fee. 


1820.  From  Albany  to  Utica,  that  width  increases  slowly,  while  (run* 
Utica  to  Lake  Erie,  it  increases  rapidly.  If  the  canal  were 
complete,  no  one  would  doubt  this.  It  holds  good,  in  a  great  de- 
gree, of  the  western  section,  before  the  whole  is  completed. — 
Besides,  as  the  canal  is  carried  west  from  the  middle  section,  it  will 
not  only  invite  to  its  use  the  surplus  produce  of  a  more  extensive 
region,  but  every  ton  of  property,  which  it  bears  to  market,  will 
pay  toll  for  a  much  longer  distance. 

It  is  certainly  good  economy,  after  large  expenditures  ha\ 
been  made,  in  the  prosecution  of  any  enterprise,  with  a  view  t 
pecuniary  profit,  to  lay  out  succeeding  expenses,  in  such  a  wa 
as  will  render  the  first  most  productive.  A  given  number  of  ton 
transported  from  Seneca  river  to  Albany  would  pay  twice 
much  toll  as  they  would  from  Utica  to  Albany,  even  if  naviga 
tion  extended  throughout  the  whole  distance.  And  it  is  material 
here  to  remark,  that  the  whole  length  of  the  eastern  section  must 
be  finished,  before  much  profit  can  be  derived  from  using  any 
part  of  it.  This  section  runs  along  a  stream,  which,  with  the 
improvements  on  it,  now  presents  a  parallel  and  continued  navi- 
gation, for  eighty  miles.  For  descending  transportation,  this  na- 
vigation is  very  valuable,  during  a  great  part  of  the  year.  The 
tolls  on  the  canals  and  locks  which  constitute  a  part  of  it, 
for  lading,  in  general,  is  $5  25  per  ton,  charged  both  ways,  be- 
sides a  charge  on  the  capacity  of  the  boat,  of  $4  31,  for  one 
carrying  ten  tons,  and  thirty-seven  and  a  half  cents  for  every 
additional  ton.  After  the  state  becomes  the  owner  of  these  ca- 
nals and  locks,  and  takes  off,  or  essentially  lessens  the  exorbitant 
toll  at  present  imposed  on  the  passage  of  all  kinds  of  property 
through  them,  as  it  certainly  will  do,  this  season,  the  value  of  this 
navigation  will  be  exceedingly  increased  ;  for  it  may  be  used  by 
boats  coming  all  the  way  from  the  remotest  western  limit  to 
which  the  canal  may  be  completed,  to  Schenectady,  without 
changing  their  loading.  And  it  is  well  known  that  the  amount 
of  tonnage  annually  carried  down  the  valley  of  the  Mohawk,  is 
at  present,  but  a  small  part  of  that  which  is  carried  up.  For  the 
introduction  of  salt  and  plaster  to  market  as  far  down  as  Sche- 
nectady, this  river  is  almost  equal  to  a  canal.  After  our  great 
work  is  done,  it  will  be  forever  abandoned.  But  why  incur  the 
expense  of  $2,067,457,  in  constructing  this  section,  while  there 
is  now  an  easy  connexion  with  all  the  useful  part  of  the  river, 
from  tli at  portion  of  the  canal,  winch  is  completed,  and  while. 


CANAL  LAWS,  &c.  47;> 

without  the  construction  of  the  western  section,  the  advantages  1820. 
anticipated  from  this  would  be  but  very  partially  exhibited?  Be-V 
cause  a  river  is  not  navigable  throughout,  or  not  so  convenient, 
where  it  is  navigable,  as  a  canal  would  be,  shall  we  altogether 
disdain  to  use  it? 

Let  us  now  attend  to  some  facts,  that  are  calculated  to  illus* 
trate  the  subject  of  the  inland  trade,  which  we  may  hope  to  de- 
rive from  the  immediate  construction  of  the  western  section  of 
the  canal.  These  facts  will  be  very  miscellaneous,  but  they  are 
believed  to  be  stated  on  good  authority. 

By  an  official  statement  from  the  collector's  office  in  Detroit,  Vessels  at  De- 
dated  in  1818,  it  appears,  that  there  were  then  owned,  at  thattr0lU 
place,  and  on  the  United  States  side  of  Lake  Erie,  51  vessels, 
of  wjrich  the  aggregate  tonnage  was  1867 
and  vessels  of  less  than  ten  tons  burthen,  of  which  the  ag- 
gregate tonnage  was  201 

In  all,  2068 

The  amount  of  tonnage  owned  by  the  British  on  the  same  lake 
is  not  known,  but  is  considerable. 

During  six  weeks,  in  the  year  1818,  the  number  of  boats  load- 
ed with  the  produce  of  the  country,  chiefly  our  own,  which 
passed  down  the  St.  Lawrence,  were  counted,  near  its  head,  and 
they  averaged  fifteen  a  day,  for  that  time. 

The  north  part  of  the  state  of  Ohio  is  favored  with  numerous 
rivers,  which  afford  navigation  southward  into  the  country,  from 
ten  to  forty  miles;  and  on  the  margin  of  several  of  these  streams,  ^jjjjj Ston" 
inexhaustible  quarries  of  excellent  grind-stones  are  opened, 
which  now  supply  the  demand  for  that  article,  in  our  state,  for 
one  hundred  miles  east  of  Buffalo,  notwithstanding  the  expense 
of  land  carriage.  And  on  rocky  river,  within  half  a  mile  of  its  Coal  mine- 
navigation,  there  is  an  excellent  coal  mine. 

The  manufacture  of  pot  and  pearl  ashes,  in  that  state,  is  con- 
siderable, and  it  would  be  much  increased  by  affording  to  them  lt  and  Pe8li 
the  facilities  of  transportation,  which  would  be  offered  by  theAshes- 
construction  of  the  western  section  of  the  Erie  canal.  For 
they  would  avail  themselves  of  these  facilities  for  the  Montreal 
market,  by  coming  through  the  canal  to  the  mouth  of  Genesee 
river,  and  for  the  New-York  market,  by  coming  through  the  ca- 
nal, in  the  same  boat,  from  Buffalo  to  Schenectady.    With  the 

6r> 


474  CANAL  LAWS,  &c. 

1820.  destruction  of  their  forests,  the  foundation  of  this  trade  is  rapid- 
K^*v^S  ly  passing  away. 

The  soil  of  that  state  is  well  adapted  for  pasturage,  and  the 
Ohio.  '  "  raising  of  wheat  and  Indian  corn ;  and  its  exports  of  flour,  beef 
and  pork,  are  fast  increasing.  Some  of  these  articles  are  sent 
west,  for  the  supply  of  new  settlements ;  some  are  sent  to  the 
United  States'  garrisons,  on  our  lake  frontier,  and  several  thou- 
sand barrels  have  been  sent,  last  year,  over  the  portage  of  the 
Niagara  river. 

The  imports  of  that  state  are,  by  the  way  of  New-Orleans, 
Baltimore,  Philadelphia,  New-York  and  Montreal.    The  great- 
est portion  of  these  imports  are  from  Philadelphia,  by  the  way 
Imports  into  °^  Pittsburgh.    A  very  able  pamphlet,  published  in  1818,  at 
"Wo*  Baltimore,  on  the  subject  of  t^e  communications  propose^  be- 

tween the  Atlantic  and  western  states,  contains  the  following,  to 
wit :  "  A  computation  has  been  made,  in  Philadelphia,  that  ten 
wagons,  on  an  average,  leave  that  place  for  Pittsburgh  every 
day,  loaded  with  an  average  freight  of  $200.  This  gives  for 
the  annual  amount  of  the  freight,  $780,000.  If  we  take  eight 
dollars  to  be  the  average  price  of  freight,  (which  their  writer 
states  it  is)  then  8)730,000(  will  give  91,250  cwt.  as  the  quanti- 
ty carried.  It  is  difficult  to  fix  an  average  value  to  this  mer- 
chandize, but  it  is  a  low  estimate,  if  we  value  it  at  $200  per 
cwt.  round.  Then  91,250  cwt.  will  give  a  gross  amount  of 
$18,250,000,  the  value  of  merchandize  wagoned  out,  every 
year,  from  Philadelphia  to  Pittsburgh. 
Merchandize    If  this  calculation,  from  data  furnished  at  Philadelphia,  sur- 

sent  from  Phil-  .        t       ,  ~  .  .  f        .  .„ 

adeiphiato  prise  us,  by  the  greatness  of  its  amount,  let  us  try  how  it  will 
Pittsburgh.  agree  wjtn  one?  from  data  entirely  different,  furnished  from  Pitts- 
burgh. Henry  Montgomery,  keeper  of  the  turnpike  gate,  at 
Chesnut  Ridge,  between  Stoystown  and  Greenburgh,  made  an 
official  return,  from  which  it  appears  that  there  passed  through 
his  gate,  during  the  year  ending  May,  1818,  among  other  things, 
281  four  horse,  2412  five  horse,  and  2698  six  horse  teams.  In 
order  to  make  every  allowance,  we  throw  out  the  four  horse 
teams  entirely ;  and  to  allow  for  wagons  returning  eastward- 
ly,  we  will  take  only  half  the  number  of  five  and  six  horse 
teams.  This  will  give  2555  teams,  which,  on  a  moderate  calcu- 
lation, must  carry  an  average  of  35  cwt.  The  wagons  therefore 
going  westwardly,  carry  89,425  cwt.  which,  at  an  average  of 


I  ANAL  LAWS,  ki 


$200,  gives  the  value  of  merchandise,  transported  to  Pittsburgh.     1 820. 
17,885,000."  v^^w/ 
When  the  western  section  of  the  Erie  canal  is  done,  a  large  ^h*'^* 
proportion  of  this  immense  trade  will  not  only  be  supplied  from  chandiw  by 

$L  .....  -  the  canal. 

New-York,  but  the  articles  of  which  it  will  consist,  will  be  trans- 
ported through  our  canal,  and  by  the  imposition  of  a  reasonable 
transit  duty,  they  will  contribute  to  the  augmentation  of  our  ca- 
nal fund.  The  people  of  Ohio  feel  a  deep  and  lively  interest  in 
our  canal,  and  they  are  every  year  seeking  more  extended  com- 
mercial connections  with  us.  Goods  have  been  lately  purchased 
in  New-York,  and  sent  thence  to  Albany  in  a  sloop,  thence  to 
Buffalo  in  wagons,  thence  to  Huron  in  a  sloop,  and  thence  one 
hundred  and  five  miles  into  the  country  in  wagons,  at  a  less  ex- 
pense than  they  could  have  been  sent  for  from  Philadelphia. 
And  respectable  men  of  this  city,  have  recently  advertised  to  car- 
ry goods  from  New-York,  by  way  of  Albany,  and  through  the 
western  district,  to  Pittsburgh,  cheaper  than  the  expense  of  car- 
rying them  to  that  place  from  Philadelphia.  The  objection  to 
this  route  has  been  the  length  of  time  it  requires.  But  this  ob- 
jection will  be  removed,  or  if  not  wholly,  it  will  be  more  than 
counterbalanced,  by  further  deductions  of  expense,  when  water 
carriage  may  be  had  from  Schenectady  to  the  south  shore  of 
Lake  Erie. 

The  impression  arising  from  these  facts,  undoubtedly  is,  that 
a  much  more  profitable  result  would  be  ensured  to  the  state,  by 
the  construction  ol  the  western  section,  so  far  as  it  respects  a  trade, 
in  articles  generally  produced  or  required  in  the  country,  than 
would  by  the  construction  of  the  eastern  section. 

But  the  articles  of  plaster  and  salt,  furnished  iu  ii  exhaustible  Sa'tand  grp- 
abundance  along  the  line  of  the  middle  section,  are  of  great  im-  sura* 
portance  in  settling  the  question  of  pecuniary  profit,  and  of  course, 
intimately  connected  with  the  best  hopes  of  the  friends  of  the  ca- 
nal.   How  will  these  be  affected  by  opening  the  western  section  ? 

1st.  Of  Plaster. — The  middle  section  of  the  canal,  having 
this  season  a  navigable  connexion  with  the  Mohawk  river,  when 
the  tolls  of  the  western  inland  lock  navigation  company  are  taken 
off  or  greatly  reduced,  the  transportation  of  this  article  will  be  so 
cheap  as  to  induce  its  beinii  brought  from  the  west,  to  supply  the 
market  as  far  down  as  that  river  is  navigable.  And  it  is  most  proba- 
ble that  the  country  above  Stillwater  to  the  eastern  limits  of  the 
state  may  obtain  it  from  there,  upon  better  terms  than  they  can 


Piaster 


476 


CANAL  LAWS,  fcc. 


1820.    from  ^t)y  olher  quarter.     It  is  believed  that  the  plaister  of  the 
'  west  may  be  afforded  at  Schenectady,  whenever  the  tolls  are  ta- 
ken off  from  the  Mohawk  navigation,  as  low  as  four  dollars  per 
ton. 

At  that  rate  20  tons  would  amount  to  $80 
Cost  of  a  boat  Xo  wit  i  It  would  be  delivered,  in  a  boat,  on  the  canal,  120  miles 

foad. 

from  Schenectady,  at  one  dollar  and  a  half  per  ton. 
At  this  rate  20  tons  would  cost  $30 
The  use  of  a  boat  sufficient  to  carry  it,  say  ten  days 

going  and  returning,  at  one  dollar  per  day,  10 
Three  men  finding  themselves  ten  days,  at  $1  each,  30 
One  horse,  for  keeping  and  service,  ten  days,  at  $1,  10 

In  all,  $80 
But  the  horse's  services  would  not  be  required  on  the  Mohawk, 
and  the  hands  are  supposed  to  return  with  an  empty  boat,  besides 
being  one  more  than  would  be  wanted,  except  in  returning. — 
These  circumstances  show,  that  a  reasonable  toll  might  be  im- 
posed, and  yet  the  business  at  the  price  above  mentioned,  would 
afford  a  living  profit.  And  the  transportation  could  be  carried 
on  in  boats  of  twenty  tons  burthen,  more  than  two  months  in  the 
year, — long  enough  to  stock  the  market. 
West  Pennsyl-  Then,  in  opposition  to  the  additional  country  to  be  supplied 
with  that  article  from  the  west,  by  opening  the  eastern  section  of 
the  canal,  may  be  put  in  that  part  of  West  Pennsylvania,  which 
may  be  easily  approached  from  the  waters  of  Allegany  river. 
The  country  alluded  to,  is  well  adapted  to  the  use  of  plaster, 
and  now  obtains  it  in  small  quantities,  even  at  the  price  of  three 
dollars  per  bushel.  This  plaster  goes  from  our  state,  by  the  way 
of  the  south  end  of  the  Seneca  lake,  Bath  and  the  Allegany  river. 
When  the  canal  is  opened  to  the  Genesee,  it  may  be  taken  in 
boats  from  the  quarry,  to  the  foot  of  the  Gardeau  falls,  on  the 
Genesee,  and  thence  by  land  to  the  navigable  waters  of  the  Alle- 
gamr,  with  half  the  distance  of  land  transportation,  to  which  it  is 
now  subjected.  And  this  would  lead  to  a  considerable  trade,  in 
that  article,  with  the  counties  of  Warren,  Venango,  Mercer, 
Armstrong,  Butler  and  Allegany. 

2d.  Of  Salt. — The  Mohawk  river  will  afford  the  same  facili- 
ties for  the  transportation  of  salt,  that  it  will  for  plaster.  And 
the  market  for  this  article  may  be  extended  further  east  by  avoid- 
ing the  cost  of  the  barrel.  For  when  it  can  be  loaded  at  the 
works,  into  a  boat,  from  which  it  need  not  be  unloaded  until  it 


vama. 


Salt. 


I  kNAL  LAWS,  <^ 


_es  into  the  store  house  at  Schenectady,  it  will  1>»'  brought 
lere  in  bulk.  From  the  extension  of  the  market  east,  therefore, 
efore  the  eonstruetion  of  the  eastern  section,  we  may  expect  a 
reat  increase  of  the  revenue,  from  salt. 

The  western  country,  south  of  the  great  lakes  and  north  of 
iOuisville,  is  supplied  with  salt  chiefly  from  the  following  pla- 
es,  to  wit : — 

From  the  Conemaugh  works,  in  Pennsylvania,  situated  on  a  pe^"1vaudn!a,:' 
reek,  which  falls  into  the  Allegany  river  thirty-five  miles  above 
'ittsburgh.     The  salt  made  at  these  works,  is  better  than  any 
ther  made  in  the  valley  of  the  Ohio,  though  not  so  good  as  Onon- 
aga  salt.    It  cannot  be  sold  at  Pittsburgh  for  less  than  $7  50 
»er  barrel.    The  neighborhood  of  the  springs  abounds  in  coal, 
,  ,/hieh  is  obtained  at  little  cost ;  but  it  is  necessary  to  bore  three 
undred  feet  through  rock  to  procure  the  w  ater,  and  w  hen  procur- 
rid,  it  is  not  very  strong.     Last  year,  these  works  sent  two  thou- 
and  barrels  to  Pittsburgh.     The  springs  were  but  lately  di— 
overed,  in  the  examinations,  w  hich  were  induced  by  the  scarcity 
.  nd  high  price  of  salt  in  that  country,  during  the  war.    The  pro- 
prietors have  not  been  able  to  make  the  manufacture  profitable, 
l(ind  the  works  begin  already  to  be  neglected. 

From  the  great  Kanhawa  river,  in  Virginia.    These  w  orks  prio.0f  !a|,  at 
'iave  been  recently  monopolized,  in  consequence  of  which,  the  ' 
irice  of  salt  in  their  neighborhood,  has  risen.    Shafts  are  sunk 
lere  very  deep  through  solid  rock,  for  water,  and  after  the  water 
las  been  obtained  at  great  expense,  several  springs  have  wholly 
ailed.    The  salf  manufactured  here,  is  of  an  inferior  quality.  It 
'  's  generally  sold  in  large  quantities,  near  the  Ohio  river,  and 
ibove  Louisville,  at  $6  per  barrel. 
From  Kentucky;  in  which  state  there  are  five  places  where  Five  MM** 

_  .     tones  ot  salt  in 

extensive  manufactories  of  it  are  established.     1  hese  are,  at  the  fiHr*/. 
Upper  and  Lower  Blue  Springs,  at  the  springs  on  Licking  river, 
it  the  Big-bone-lick,  at  Dennon's  licks,  and  at  Bullet's  lick. 
From  these  places  salt  has  been  furnished  to  the  surrounding 
:ountry,  at  one  dollar  per  bushel.    The  water  is  obtained  stron- 
ger than  that  of  the  ocean,  by  sinking  w  ells  from  thirty  to  forty 
feet.     The  whole  quantity  manufactured  in  this  state  in  1810, 
was  324,870  bushels. 
I  I    From  the  state  of  Illinois;  where  about  200,000  bushels  are  *****  « 
annually  manufactured,  at  the  w  orks  of  the  United  States  on 


j  re  CANAL  LAWS,  be: 

1820.    Saline  river.     At  these  works  it  is  commonly  sold  at  sevent 
v— ■ '  cents  per  bushel. 

From  the  state  of  Ohio,  in  which  there  are  salines,  on  the  Sc: 
oto  river  and  on  Yellow  creek. 

And  from  the  state  of  New-York — 
In  1810,  17,400  barrels  of  salt  from  Salina,  passed  the  Niagar 

portage,  into  lake  Erie. 
"  1811,  20,000  "  " 

M  1818,  26,000 

"  1819,  29,000  "  » 

Onondaga  salt,  Mr.  Herger,  a  merchant  of  Cincinnati,  last  spring,  purchase 
four  hundred  barrels  of  Onondaga  salt,  to  transport  and  sell 
his  place  of  residence.  There  were  sent,  of  the  same  salt,  to  San 
dusky  last  fall,  not  less  than  five  thousand  barrels,  of  which 
part  was  carried  to  Columbus,  the  capital  of  Ohio,  by  land.  An 
at  the  port  of  Erie,  on  the  south  shore  of  the  lake  of  that  name 
there  were  received  from  Salina,  in  the  three  years,  ending 
1st  January  last,  27,900  barrels. 

These  facts  prove  that  the  people  of  Ohio,  inhabiting  both  he 
northern  and  southern  borders,  are  desirous  of  obtaining  our  sal: 
But  the  increase  of  their  demand  for  it,  under  present  circumsts 
ces,  is  very  small.  Not  half  so  much  of  it  is  now  sent  to  Pitt 
burgh,  as  there  was  ten  years  ago.  Gen.  Porter,  one  of  the  J< 
Niagara  port-  sees  of  the  Niagara  portage,  in  a  speech  delivered  in  Congress 
1810,  on  the  subject  of  internal  improvements,  having  first  m« 
tioned  the  Niagara  portage,  says,  "  on  the  south  side  of  lake  Eric 
in  the  state  of  Pennsylvania,  there  is  another  portage  of  fiftee. 
miles  over  an  artificial  road,  from  Presqu'isle  to  French  creek, 
branch  of  the  Allegany,  and  which  is  navigable  for  boats  carry 
ing  two  hundred  barrels.  Over  these  two  portages  was  sent,  du 
ring  the  last  summer,  more  than  100,000  bushels  of  salt,  manu 
factured  in  the  interior  of  the  state  of  New-York,  and  transporte< 
through  lakes  Ontario  and  Erie,  across  these  portages,  and  dow; 
to  Pittsburgh,  for  the  use  of  the  inhabitants  of  the  Ohio  and  it 
tributary  streams.  This  salt  trade  was  commenced  about  sevei 
years  ago,  and  has  been  increasing  ever  since,  at  the  rate  of  2. 
per  cent,  a  year.  And  if  the  great  line  of  navigation,  to  which 
shall  presently  call  the  attention  of  the  house,  were  opened,  th» 
people  of  Ohio  and  its  various  waters,  would  be  supplied  witl 
that  great  and  necessary  article  of  life,  fifty  per  cent,  cheape 
than  it  now  costs  them."    The  inhabitants  of  the  country  refer 


/ 


CANAL  LAWS,  fcc.  4t9 


d  to  in  this  extract,  have  since  that  period  encreased  three  fold,  18JO. 

:  d  yet  the  trade  in  salt,  carried  on  from  Salina  with  them,  has  v  v  ' 

llered  great  diminution. 

The  expense  of  transportation  from  Pittsburgh  to  Louisville,  ExptoMtf 
from  forty  to  fifty  cents  per  cwt.  when  the  quantity  is  consid-  ^|„|^  " 
able.    And  salt  from  Salina  may  now  be  afforded  at  Pitts-  10 
irgh,  as  follows,  to  wit  : 

ilue  at  Salina,  including  duties  per  barrel,  £J 
xpense  of  transportation,  thence  to  Oswego,  commonly        6*2  j 
hence  to  Buffalo,  including  portage,  1  1J  j 

hence  to  Erie,  including  storage,  50 
hence  to  Waterford,  including  storage  and  portage,  50 
hence  to  Pittsburgh  in  boats,  56 

In  all,    $5  31 

$  In  the  existing  state  of  things,  the  expense  of  transporting  a  Expend  ^ 
irrel  of  salt  from  Salina  to  Erie,  according  to  the  above  state-  ,ri!n'porttpr 

'  o  -*«»  1 1  [TOM  Si: 

ent,  is  $2  25.  When  the  western  section  of  the  canal  is  made,  l,a'°>:"°- 
may  be  carried  in  the  same  boat  from  one  of  these  places  to  the 
her,  as  the  boats  which  navigate  tin-  St.  Lawrence,  now  pasi 
3in  that  river  to  Oswego  ;  and  then  the  price  of  transportation 
'tween  them  will  be  diminished  more  than  a  dollar  per  barrel. 
I  From  these  calculations,  it  is  probable,  that  a  barrel  of  salt 
jg  ay  be  manufactured  at  Salina  and  sent  to  Louisville,  on  the 
hio,  when  the  western  section  of  the  canal  is  made,  for  the  sum 
'  five  dollars. 

Throughout  the  valley  of  the  Ohio,  Onondaga  salt  is  greath 
•efered  to  any  other  within  their  reach.  And  when  it  can  be 
•Id,  as  low  down  as  Louisville,  at  $5  per  barrel,  it  will  tak< 
ace  of  all  other  salt,  in  the  market,  from  that  place  northerly, 
an  it  be  questioned  then,  that  an  immense  trade  in  it,  will,  at 
ice,  spring  up  from  the  completion  of  the  western  section  of  the 
inal  ? 

The  reason  why  our  salt  is  manufactured  at  so  much  less  ex-o™.,,], 
ensethan  any  other  in  the  United  States,  is,  the  water  is  much  '» "m 
ronger  than  any  other,  and  is  procured  in  quantities  that  defy 
ie  fear  of  failure,  at  very  little  expense.    Its  strength  is  such, 
at  from  a  gallon  of  it  may  be  obtained  from  sixteen  to  twenty - 
r  x  ounces  of  salt. 

The  quantity  of  salt  annually  imported  and  con>umed  in  the  \vtn**muu*- 
nited  States  for  t<m  vears,  ending  with  1^0<.  was  in  wo  ave-r 


480 


CANAL  LAWS,  fcc. 


Grazing  coun- 
tries. 


Salt  duties 
considered. 


1820.  rage,  2, 88S, 385  bushels.  The  quantity  now  annually  imported 
and  consumed  is  upwards  of  3,000,000  of  bushels,  and  there  are 
made  in  the  country,  about  2,000,000  of  bushels — in  all  5,000,000 
of  bushels.  This  quantity  divided  among  10,000,000  of  inhab- 
itants, about  the  whole  number  in  the  United  States,  gives  to  each 
half  a  bushel  a  year. 

Grazing  countries  consume  more  salt  than  grain  countries,  and 
countries  remote  from  the  sea  than  those  which  are  near  to  it,  if 
the  population  be  equal. 

With  these  facts  in  view,  is  it  not  reasonable  to  believe,  that 
the  construction  of  the  western  section  of  the  canal  would  open  a 
more  extensive  demand  for  the  salt,  which  adds  to  the  canal  fund, 
than  the  opening  of  the  eastern  section  possibly  could  ?  Salt  at 
New-York,  which  is  preferred  to  that  of  Salina,  by  the  inhabi- 
tants of  the  eastern  and  southern  parts  of  our  state,  though  it  may 
not  be  so  good,  is  sold  at  from  forty  to  fifty  cents  per  bushel,  of 
fifty  six  pounds.  At  Montreal  it  is  sold  at  from  twenty  to  thirty 
cents.  And  from  this  last  place,  it  may  be  sent  to  lake  Champ  lain, 
for  six  cents  a  bushel.  The  difference  between  the  prices  at  New- 
York  and  Montreal,  is  occasioned  chiefly  by  the  payment  at  the 
former,  of  a  duty  of  twenty  cents  per  bushel  imposed  by  Congress 
on  all  salt  imported.  If  salt  comes  from  Montreal  into  this  state,  it 
must  pay  the  same  duty.  And  it  should  not  be  forgotten  on  this 
subject,  that  as  Congress  impose  the  duty,  Congress  may  take  it  off. 
It  was  taken  off  and  remained  off  from  the  31st  December,  1807, 
to  the  1st  January,  1814.  Before  the  eastern  section  of  the  ca- 
nal could  be  completed,  the  finances  of  the  United  States  may  be 
so  regulated  as  not  to  require  it.  If  the  duty  should  be  taken 
off,  the  sale  of  salt  from  Onondaga,  in  the  valley  of  the  Hudson, 
would  be  effectually  debarred,  for  the  same  reason  that  now  pre- 
vents our  citizens  from  conveying  it  down  the  St.  Lawrence  within 
a  hundred  miles  of  Montreal. 

But  supposing  the  duty  to  remain  unaltered,  is  it  reasonable 
to  expect,  that  a  greater  salt  trade  from  Salina,  would  be  promo- 
ted by  the  construction  of  the  eastern  section,  than  would  be  by 
that  of  the  western  ?  Number  the  population  of  our  state,  that 
will  not  be  supplied  by  salt  from  Salina  after  this  year,  from  the 
city  of  New-York  to  the  north  end  of  lake  Champlain,  together 
with  the  people  of  those  parts  of  Vermont,  Massachusetts,  Con- 
necticut and  New- Jersey,  who  now  procure  their  salt  from  New- 
York  :  and  if  they  shall  all  obtain  their  supply  of  that  article  from 


Subject  con- 
tinued. 


CANAL  LAWS,  fc*:. 


jalina,  after  the  communication  with  the  Hujson  is  perfected,  1820. 
hey  will  not  equal  the  population,  that  will  ask  their  supply  ofv  v 
;  he  same  salt,  in  the  west,  after  deducting  those  who  are  now 
I  upplied  with  it  in  that  quarter.    And  the  population  of  the 
/estern  territory  embraced  within  the  supply,  is  increasing  at 
he  rate  of  seven  or  eight  per  cent,  annually,  while  that  of  the 
astern  does  not  increase  at  a  rate  exceeding  one  per  cent, 
i  In  the  preceding  facts  and  remarks  no  mention  has  been  made 
f  the  expense  of  opening  the  Champlain  canal,  from  Fort  Ed- 
■  ard  to  Waterford.    The  original  estimate  of  this  was  $62 1 ,000, 
lough,  from  more  minute  examination  of  that  country,  recently 
iade,  and  the  discovery  of  unexpected  facilities,  the  cost  will 
Qt  probably,  much  exceed  $400,000.    In  determining  on  the 
elative  profit  of  the  plan  of  operations  actually  adopted,  and 
(hat  of  the  resolution  under  consideration,  this  amount  should  be 
dded  against  the  latter. 
Other  weighty  reasons  might  be  adduced  to  justify  the  course 
iken  by  the  canal  commissioners,  but  the  foregoing  are  deemed 
itisfactory  and  sufficient. 
The  more  we  examine  into  the  topography  of  our  state  and 
a  ie  adjoining  country,  and  consider  the  sources  and  principles  of 
i  iland  trade,  the  more  we  shall  be  persuaded  that  the  richest  re- 
j  llts  of  our  great  enterprises,  cannot  be  enjoyed,  until  all  the 
arts  of  them  have  received  their  last  hand.    When  they  are 
)mplete,  the  wealth  of  every  island  and  every  lake,  of  every 
ontinent  and  every  ocean,  which  is  visited  by  the  light  of  hea- 
atpiij  will  contribute  to  weary  their  waters  with  conveyance. 
I      With  great  respect,  sir,  we  are  your  obt.  servants, 

DE  WITT  CLINTON, 
S.  VAN  RENSSELAER 
MYRON  HOLLEY. 

Albany,  7th  March,  1820. 


482 


CANAL  LAWS,  &c. 


REPORT 

Of  the  surveys  of  Buffalo  harbor,  by  David  Thomas,  presented 
to  the  Assembly  by  Mr.  Huntington. 

In  Assembly,  February  24,  1820. 

Mr.  Huntington  presented  the  report  of  the  surveys  of  Buf- 
falo harbor,  by  David  Thomas,  which  was  read,  in  the  words 
following,  to  wit : 

TO  THE  CANAL  COMMISSIONERS. 

The  depth  of  water  in  Buffalo  creek  is  sufficient  for  a  harbor. 
Soundings  in  In  taking  soundings  almost  up  to  the  ferry,  (which  is  one  mile 
udalo creek,  from  ^  entrance)  the  least  depth  observed  was  11  feet,  and 
this  only  in  two  places;  but  the  common  depth  up  this  stream  is 
from  12  to  14  feet.  About  50  rods  above  the  mouth  of  Littk 
Buffalo,  we  found  seventeen  feet,  and  a  few  rods  within  that  par 
of  the  entrance  which  is  obstructed  by  sand,  we  found  19  feet 
No  injury  to  this  channel  need  be  apprehended  from  deposition: 
of  either  sand  or  mud. 

The  breadth  of  this  creek,  just  above  little  Buffalo,  is  full  1( 
rods;  but  thirty-five  rods  above,  the  breadth  is  only  12  rods 
and  the  calculation  of  two  triangles,  taken  further  up  the  strean 
at  the  respective  distances  of  forty  and  seventy  rods,  gave  no  ma 
terial  difference.  From  its  uniform  appearance,  we  deemed  i 
unnecessary  to  make  any  further  examinations,  but  credible  per 
sons  assert  that  the  apparent  breadth  and  depth  of  this  creel 
continue  for  more  than  two  miles. 

The  shore  is  bold,  and  very  little  of  the  channel  need  be  oc 
cupied  by  wharves. 

It  appears  that  after  freshets  in  this  stream,  the  entrance  ij 
deepened  from  12  to  15  feet;  but  the  common  current  is  so  slug 
gish  as  to  permit  the  first  gale  to  drive  sand  and  gravel  into 
from  the  south.  As  the  obstruction  to  navigation  only  originate 
from  this  simple  cause,  a  remedy  equally  simple,  will  be  sufficien 
and  may  be  found  in  a  pier  or  mole,  as  heretofore  proposed  b 
Wm.  Peacock.  I  think,  however,  that  both  its  position  and  cor 
struction  should  be  different. 

I  would  propose  to  commence  it  at  the  light-house,  becaus 
there  is  no  firm  ground  further  north,  and  the  work  ought  to  b 


(  AI\AL  LAWS,  fc,  .  m 

secured  in  die  rear.    Thus,  if  we  begad  half  w  ay  down  the  point     1 820. 

(which  is  only  a  loose  bed  of  sand  and  gravel,)  Buffalo  creek  1  v;  ' 

might  break  through  between  the  pier  and  the  light  house.  On construcSa  •  •> 
the  ltrary,  if  we  commence  it  above  that  buildinir,  the  cn-P'er* 
trance  of  the  creek  will  be  less  protected  from  northwesterly 
storms ;  and  this  view  will  be  important,  whether  we  consider 
die  entering  of  vessels  or  the  drifting  of  sand  into  the  channel, 
ft  appears  that  the  direction  of  the  gale  shapes  the  gravel  point, 
its  course  on  W.  Peacock's  map,  varies  considerably  from  its 
iresent  position. 

The  reason  given  for  locating  the  pier  above  the  light-house, 
was  founded  in  misapprehension.  There  is  no  appearance  of 
sand  or  gravel  having  ever  been  brought  down  by  Buffalo  creek. 

In  respect  to  the  construction,  1  have  doubts  whether  loose 
Stone  in  a  pile,  would  withstand  the  violence  of  the  lake.  A 
gentleman  of  observation  made  the  following  remark,  in  reply 
o  my  letter : — "  From  many  experiments  tried  at  this  place, 
(Pultneyville,)  1  am  satisfied  that  loose  stones  cannot  answer. — 
The  force  of  the  waves  will  remove  them,  even  if  very  large  ; 
ind  those  of  a  moderate  size  wilJ  be  taken  several  rods  by  the 
under  toiv." 

One  disadvantage  of  employing  driven  piles,  is  that  the  top 
st  be  as  wide  as  the  base.    The  quantity  of  materials  to  cou- 
ct  such  a  pier,  is  great  in  proportion  to  the  strength,  for  the 
ves  dash  with  great  violence  against  a  perpendicular  wall,  but 
re  they  strike  on  a  slope,  the  force  is  neither  instantly  nor 
'holly  applied.    The  exposed  surface  of  the  timber  is  also  ve- 
great,  as  will  be  evident  from  an  estimate  of  all  the  pieces 
which  are  necesjary  to  connect  the  piles  together ;  and  though 
the  sand  would  doubtless  accumulate  so  much  as  to  protect  it 
near  shore,  yet  much  of  the  western  extremity  must  decay  be- 
fore it  would  receive  that  support, 
fri   Believing  these  objections  to  be  valid,  I  would  propose  that 
the  pier  commence  at  the  light-house,  and  extend  north  70°  west 
(nearly  in  the  direction  of  Towson's  battery)  as  far  as  the  sand 
lies  on  the  bottom.    I  would  recommend  that  cribs  of  round 
logs,  be  made  to  occupy  the  whole  of  this  line,  which,  when 
sunk  (and  filled  with  gravel)  shall  only  reach  to  the  surface  of 
'  fhe  water.    At  the  surface,  the  width  should  be  ten  feet,  and  the 
>  hase  one  foot  wider  for  every  foot  of  depth,  the  slope  to  be  equal 
f  on  both  sides.    On  the  top  of  this  structure.  I  would  rccora- 


484 


CANAL  LAWS,  &c. 


1820.  mend  cribs  of  similar  construction,  but  of  good  white  oak,  the 
—nt— ^  sides  of  which  should  contract  so  as  to  leave  only  an  opening  of 
three  feet  at  the  height  of  six  feet.  These  should  be  filled  with 
stone,  as  the  logs  are  laid,  and  connected  by  cross  pieces,  which, 
being  covered  by  the  stone,  would  render  the  fabric  immovable. 
Long  flat  stones  (which  may  be  readily  procured)  should  rest 
with  one  end  on  the  upper  logs,  the  other  within  the  frame, 
slanting  downward  ;  and  large  round  stones  from  the  beach,  to 
be  moved  by  tackle,  be  placed  partly  within  the  frame,  like  the  I 
key  stone  of  an  arch. 

The  advantage  of  having  a  foot  way  on  the  pier,  it  is  believ- 
ed will  not  balance  the  expense. 

A  lamp  at  the  west  end  of  the  pier  would  be  very  useful  to 
vessels  entering  in  the  night ;  and  as  there  would  be  smooth  wa- 
ter within  the  pier,  it  would  always  be  easy  to  approach  it  in  a 
skiff. 

In  constructing  the  larger  cribs,  two  logs  of  40  feet  in  length 
are  first  to  be  laid  parallel  on  the  water  :  close  to  each  end  ol 
these,  a  notch  is  to  be  cut  on  the  under  side,  to  receive  two  smai; 
logs,  thus  completing  the  parallelogram.  Through  these  con- 
necting pieces,  and  4  feet  from  the  middle  toward  the  ends,  holef 
are  bored,  into  which  iron  bolts,  long  enough  to  reach  from  the 
bottom  to  the  surface,  must  be  fastened.  As  the  logs  will  easil) 
turn  in  the  notches,  the  bolts  can  be  laid  down,  and  not  incom- 
mode the  workmen. 

On  the  two  long  logs,  cross  ones  are  laid  close,  to  form  a  floor 
and  the  building  constructed  in  the  usual  maimer,  excepting  tin 
slant,  though  partition  logs  in  the  middle,  to  strengthen  the  frame 
should  not  be  omitted.  Green  timber,  being  so  nearly  of  the 
specific  gravity  of  water,  the  building,  as  it  progresses,  wijkrisf 
but  little  above  the  surface.  A  thick  layer  of  brush  witn  tin 
leaves  on,  covering  the  whole  floor,  should  be  sunk  ;  and  brus 
of  the  same  description,  should  be  placed  on  every  side  and  em 
log,  which,  when  pressed  down  by  each  upper  log,  will  reticle 
the  whole  sand-tight.  When  holes  are  bored  through  the  tw( 
last  end  logs,  the  bolts  are  raised,  passed  and  keyed,  thus  con 
fining  the  whole  frame  together.  Iron,  under  water  in  Lak 
Erie,  is  not  injured  by  rust. 

As  soon  as  the  crib  is  thus  prepared,  and  brought  on  the  spo 
where  it  is  to  be  sunk,  (it  should  be  built  as  near  as  possible, 
hrmh  and  gravel  are  filled  in,  in  alternate  layers :  these  materi 


CANAL  LAWS,  kc. 


als  may  be  procured  in  the  greatest  abundance,  on  the  adjoining  1820. 

shore.  ^  s 

If  the  last  layer  be  of  brush,  pressed  down  by  the  upper  crib, 
the  sand  will  not  be  washed  out,  as  the  brush  which  projects  in- 
side from  the  chinks,  bending  down  by  the  weight  of  gravel, 
will  form  a  thick  coating.  As  the  lake  rises  with  every  gale,  in 
proportion  to  the  violence  will  be  the  depth  of  water  over  this 
part  of  the  pier.  The  greatest  rise  of  water  is  about  four 
feet. 

The  expense  of  this  construction  may  be  estimated  in  the  fol- 
lowing manner  :  In  thirteen  feet  water,  the  solid  content  of  a 
crib  would  be  8580  feet.  Deduct  S90  for  the  partition  logs  and 
floor.  Then  769/0  feet=60  cords  of  brush  and  gravel  at  $1  50 
per  cord,  will— $90. 

It  is  presumed  that  this  allowance  for  brush  and  gravel,  will 
be  ample  :  at  a  small  expense,  an  apparatus  can  be  constructed 
in  a  scow,  so  as  to  load  the  gravel  from  the  beach,  and  to  unload 
it  .into  the  crib  by  borses  and  scrapers. 

It  has  been  said  that  logs  will  cost  2  cents  a  foot  in  length  ;  but 
I  consider  the  estimate  too  high,  and  believe  that  it  might  be  ob- 
tained for  one  cent  a  foot.  Computing  these  logs  at  15  inches 
in  diameter,  each  foot  in  length  will  be  1.22  cubic:  105  feet 
would  make  a  cord,  and  $1.05  be  the  price.  When  timber  in 
this  country  was  not  valued,  the  customary  price  of  fire-wood 
was  $1  per  cord,  though  it  was  drawn  two  miles,  but  in  these 
logs,  much  cutting,  necessary  in  cordwood,  is  saved,  and  all  the 
labor  of  cording. 

,  Assuming  that  each  log,  with  the  chink  will  raise  the  sides  18 
inches,  we  will  have  for  both  sides,  IS  logs,  40  feet  long=T20. 
For  the  ends  and  middle,  24  logs,  averaging  16  1-2  feet  in  length ; 
26  logs,  23  feet  long,  for  the  floor;  the  two  bottom  logs,  whirli 
will  probably  settle  in  the  sand,  with  the  two  bolt  pieces. 

In  all,  1840  feet,  $18  10 

Bolt  iron,  56  feet  in  length,  10 

Labor  of  building  the  crib,  common  axe- 
men only  being  required,  10 

Filling  with  gravel,  as  above,  90 

  $128  40 

The  upper  part  of  the  pier  will  require  a  separate  calcula- 
tion. 


486 


CANAL  LAWS,  fee. 


1S20.  8  logs  ibrthe  sides,  each  40  feet  long,  oiO 

— v — — ^        50  cross  logs,  average  8  feet  long,  160 


480=$4  80 

The  labor,  no  bolts  required,  5  ^ 

The  solid  content  of  this  part,  calling  the  perpendicular  height 
8  feet,  will  be  1606,  which,  (deducting  nothing  for  cross  pieces) 
=  12  1-2  cords  at  $3  =  37.50. 

Stone  of  a  good  shape  may  be  procured  at  the  reefs,  (which 
lie  towards  Fort  Erie,)  more  easily  than  at  Bird  Island,  as  the 
distance  as  well  as  the  current,  is  considerably  less.  Stone  may 
also  be  gotten  from  the  beach  about  two  miles  up  the  lake.  It  is 
deemed  that  $3  per  cord  is  a  sufficient  allowance,  as  the  high 
prices  heretofore  obtained  at  Buffalo,  for  materials  and  labor,  is 
nearly  at  a  close.  An  allowance  for  placing  the  upper  stones, 
however,  would  be  proper,  and  the  whole  expense  of  this  part 
may  be  estimated  at  $50  for  40  feet  of  pier  in  length. 

The  average  depth  of  the  soundings,  taken  by  order  of  Joseph 
Ellicott,  very  near  this  line,  was  7  feet.  From  several  calcula- 
tions of  the  expense  of  constructing  such  a  pier,  in  water  of  dif- 
ferent depths,  I  found  the  increase  or  decrease  not  to  vary  more 
than  from  25  to  30  cents  a  foot.  The  estimate  made  of  7  feet, 
water  may,  therefore,  be  taken  as  the  average  :  Thus, 

Solid  content  of  the  crib,  3780  feet, 

Deduct  for  partition  and  floor,  605  remains 

3175,  say  25  cords,  at  $1  50,  $37  50 

The  side  logs,  (as  the  bottom  will  raise  it  one 
foot)  will  be  8  of  40  ft.  $3  20 

The  floor  of  26  logs,  17  feet  long,  4  42 

For  theends  and  partition,  12  logs,  13  1-2  feet 

long,  1  62 

Bottom  log,  with  cross  pieces,  1  14 


In  all,    10  38    $10  38 
Iron  bolts,  6 
Labor  of  building,  6 


59  88 

Add  for  the  upper  story,  including  the  filling,  50 
Call  the  amount  $110  for  40  feet,  and  we  have  $2  75  per 
foot  for  the  average. 


CANAL  LAWS,  be 


Art 


The  pier  ought  to  extend  1 150  feet— $3,1 G2  50,  without  any  WO* 
estimate  for  superintendence,  which,  with  the  proper  allowance fr 
for  contingencies,  is  submitted  to  the  consideration  of  the  eom- 
missioners. 

It  is  very  important  that  the  cross  logs  of  the  upper  frame  he 
variously  placed,  so  that  no  one  be  placed  immediately  over  an- 
other, in  order  that  the  stones  may  lie  on  these  pieces,  and  render 
the  whole  immoveable. 

If  doubts  of  the  permanence  of  this  part  should  arise,  more 
cross  timbers  on  the  first  log  may  be  added,  and  by  plank  or 
small  timbers  on  these,  the  whole  weight  of  stone  may  be  applied. 
The  top  cross  pieces,  at  the  ends  of  the  frame,  may  also  be  fas- 
tened by  upright  scantling  to  the  partition  logs  of  the  lower 
story  ;  but  without  this,  I  think  it  will  be  sufficiently  ti\»  {. 

No  injury  to  the  pier  from  ice  is  apprehended  ;  loose  ice  in 
great  quantities  is  collected  near  the  shore,  but  the  force  of  the 
waves  in  heavy  gales,  extends  but  a  short  distance  among  these 
floating  blocks. 

The  current  of  the  lake  west  of  Buffalo  creek,  has  been  esti- 
mated from  1  1-2  to  2  miles  an  hour. 

I  also  received  the  following  proposition-  : 

1 .  To  make  the  harbor  at  Black  Rock.  For  tin  S  purpose,  It  Proportion  to 
was  proposed  to  erect  a  dam  across  that  part  of  the  Niagara  JbJ^RqJE 
river,  which  flows  on  the  side  of  Squaw  island.  The  breadth 
is  estimated  at  SO  rods,  and  the  depth  at  12  feet.  As  this  island 
is  low,  an  embankment  would  be  necessary  the  whole  length  ; 
and  at  its  upper  point,  a  pier  was  proposed,  to  extend  about  30 
rods  from  the  nast  shore,  up  into  Lake  Erie.  The  whole  length 
of  this  work  would  be  about  a  mile  and  a  half. 

In  gales  of  great  violence,  it  would  be  much  easier  for  the 
vessels  to  enter  this  harbor,  than  the  proposed  one  at  Buffalo. 
The  objections  which  arise  to  this  plan,  however,  are  not  trivial. 
The  expense  atone,  in  the  present  state  of  things,  would  be  sulli- 
cient  to  discourage  the  attempt ;  for  as  the  descent  of  water  in 
this  distance  is  not  less  than  4  feet  10  inches,  we  would  havr 
nearly  17  feet  for  the  height  of  the  dam,  which,  together  with 
the  pier,  should  be  water  tight,  so  as  to  overcome  the  rapids  a) 
Black  rock. 

The  general  current  of  the  wind-,  is  down  t he  lake,  which  vet-    Wind*  on  r. 
sels,  ready  to  sail  almost  continually  experience;  and  the  nar- 


4SS  CANAL  LAWS,  &c. 

1820.    rowness  of  the  channel  would  prevent  them  from  beating" 

» — ^r   i  agajnst  it. 

In  case  of  hostilities  with  the  British,  so  long  as  they  possess 
the  opposite  shore  this  harbor  would  be  useless.  A  retrospect 
of  the  last  war  will  show  that  this  objection  is  not  frivolous  ;  and, 
however  much  we  may  deprecate  such  a  state,  the  possibility 
will  continue  to  exist. 
PieratBlack  *l  *s  also  asserted  by  credible  persons  who  have  long  resided 
Rock.  near  tiie  gpotj  that  no  pier  could  be  made  to  withstand  the  ice  a 
single  season  ;  and  when  we  reflect  that  it  comes  into  the  river  in 
large  masses,  down  which  it  is  impetuously  hurried,  we  may  well 
admit  the  danger. 

By  this  plan,  however,  it  was  proposed  to  shorten  the  canal, 
and  render  any  further  excavation  unnecessary. 

2.  To  form  a  Harbor  in  the  Lake,  where  the  main  street  of 
Buffalo  intersects  the  beach. 

It  was  proposed  to  build  a  pier  in  a  westerly  direction,  until  a 
sufficient  depth  of  water  was  attained,  and  then  to  extend  it 
northerly,  nearly..parallel  to  the  shore. 

At  20  rods  from  shore,  about  8  feet  water  has  been  found, 
but  to  give  sufficient  room,  three  times  that  distance  was  men- 
tioned. 

I  have  not  discovered  any  advantage  in  this  plan.  The  ex- 
pense must  be  much  greater  than  to  shelter  the  entrance  of  Buffalo 
creek  ;  neither  do  I  consider  the  low  ground  near  that  place,  an 
eligible  site  for  a  dense  population. 

3.  To  excavate  the  neck  of  land  near  the  ferry,  and  enter  Buf- 
falo creek  from,  the  lake  along  the  slip. 

In  adopting  this,  we  should  neglect  every  natural  advantage, 
and  incur  great  and  unnecessary  expense. 

POSTSCRIPT. 

I  subjoin  an  estimate  of  the  expense  of  constructing  the  pier, 
in  which  an  increase  of  price  is  assumed  for  such  items  as  may 
possibly  require  it. 
Estimated  ex-  W.  Peacock's  price  for  brush  was  $1  per  cord  :  If  half  the 
penseof  pier.  }ower  story  be  filled  with  this,  we  have  $2  per  cordTor  gravel= 
to  43  cents  per  cubic  yard. — No  increase  required. 
For  the  lower  story — 

25  cords  of  brush  and  gravel.  $37  50 

1038  feet  of  !oc*s  at  1  1-2  cenK  T 5  50 


CANAL  LAWS,  he 


489 


Iron, 
Labor, 
r  the  upper  story — 

12  1-2  cords  of  stone  at  $4, 
460  feet  of  logs,  at  2  cents. 
Labor, 


6  1820. 

ii  v — r% 
6i 

9  GO 

7  00 


40)137  10 


Average  per  foot  in  length, 
rhen  1 150  feet  at  $3  42  =  $3,933 

\llow  for  securing  the  line  on  the  beach  between 

the  light  house  and  the  lake,  67 


$3  42 


d  the  whole  expense  of  the  pier,  excepting 

superintendence,  $4,000 
The  enclosed  sketch  is  copied  from  W.  Peacock's  map,  and 
"11  show  the  two  different  sites  on  which  it  has  been  proposed 
o  erect  the  pier. 

DAVID  THOMAS, 

10  mo.  15,  1819. 


Xeportof  the  Canal  Commissioners  to  the  Legislature^ 
nied  by  Mr.  D.  S.  Bates'  letter. 


accompa- 


In  Assembly,  February  2,).  1 820. 

In  pursuance  of  a  concurrent  resolution  of  the  honorable 
he  Senate  and  Assembly,  passed   13th  April  last,  the  canal 
f  Commissioners  have  caused  a  survey  to  be  made  from  the  mouth 
^  )f  ths  Oswego  river  up  the  same  to  Three  River  point,  thence 
iip  the  Seneca  river  to  the  outlet  of  the  Onondaga  lake,  and 
hence  up  the  said  outlet  the  length  thereof,  with  a  vu'w  of  as- 
:ertaining  the  improvements  of  which  the  waters  of  these  streams 
P  ire  susceptible,  as  respects  their  navigation.    That  they  have 
pbaused  plans  of  such  improvements  to  be  devised,  and  estimates 
I  jf  their  expense  to  be  formed;  and  that  although  ii  has  not  been 
w[m  their  power,  from  the  constant  pressure  of  other  duties  de- 
S  ii'2 


Report,  ic. 


400 


CANAL  LAWS,  &c. 


1820.  volved  on  them,  by  law,  personally  to  inspect  the  said  waters, 
v  '  and  to  consider  on  the  spot,  of  the  plans  and  expenses  of  such 
improvements,  they  have  no  doubt  that  such  improvements  are 
practicable.  The  survey  has  been  made,  the  levels  ascertained, 
the  plans  devised  and  the  estimates  formed,  by  D.  S.  Bates,  as 
engineer,  whose  returns  are  herewith  presented. 

The  said  commissioners  further  report,  that  they  have  not 
caused  a  survey  to  be  made  in  order  to  understand  the  practica- 
bility, expense  and  effects  of  draining  the  Cayuga  marshes,  only 
because  the  condition  as  to  expense,  upon  which  they  were  di- 
rected to  act,  has  never  been  complied  with  on  the  part  of  the 
applicants  relating  to  said  marshes. 

DE  WITT  CLINTON, 
SAMUEL  YOUNG, 
STEPHEN  VAN  RENSSELAER, 
MYRON  HOLLEY, 
HENRY  SEYMOUR. 

February  21,  1820. 


To  De  Witt  Clinton,  Stephen  Van  Rensselaer,  Myron  Holley, 
Henry  Seymour,  and  Samuel  Young,  Esquires,  Commissioners 
of  the  Erie  and  Hudson  Canals. 

: 

Gentlemen, 

Letter  of  Mr.  At  your  request,  and  agreeably  to  directions  contained  in  a 
resolve  of  the  honorable  legislature  of  the  state  of  New-York, 
I  have  examined  the  communication  between  Salina  and  Oswego 
through  the  Seneca  and  Oswego  rivers,  and  beg  leave  to  present 
you  the  result. 

Commencing  at  the  mouth  of  Oswego  river,  on  a  level  with 
Lake  Ontario. 


m.ch.li. 

f. 

Thence  to  the  head  of  Oswego 

reef, 

distant 

1.27.40 

ascent 

14.751 

J?    to  a  point  on  rapids  of 

Little  Smooth  rock, 

38.00 

1.65.40 

>> 

ii.m 

"    foot  of  Little  Smooth 

rock  reef, 

64.00 

2.49.40 

V 

22.971 

point  on  Horse-race 

reef, 

38.00 

2.77.40 

» 

28.531 

1 


CANAL  LAWS, 

&c. 

Thence  to  the 

m.ch.li. 

£ 

head  of  Horse-race  reef, 

49.00 

3.46.40  ascent  38.07 

?j 

to  foot  of  Six-Mile  reef, 

64.00 

4.30.40 

35 

43.24 

53 

foot  of  Devil's  Horn 

reef, 

26.00 

4.56.40 

33 

46.27* 

S3 

head  of     do.  do. 

52.00 

5.28.40 

33 

52.16 

53 

Smooth  rock  (foot) 

36.00 

5.64.40 

33 

52.82 

53 

commencement  of  ra- 

pids, 

77.50 

6.61.90 

53 

55.123 

» 

foot  of  Braddock's  reef, 

48.00 

7.29.90 

33 

55.37-2 

head  of  do. 

52.00 

8.01.90 

3  5 

60.33 

3> 

out-let  of  Fish  Lake, 

95.00 

9.16.90 

35 

60.36 

»3 

B.  Mooney, 

18.00 

9.34.90 

53 

60.48-J 

33 

foot  of  Oswego  falls  ra- 

pid. 

37. 

9.71.90 

33 

60.54 

33 

storehouse  lower  land- 

ins, 

"6) 

80.60 

10.72.50 

33 

63.484 

3» 

Falley's  mill  pond. 

24.90 

11.17.40 

33 

Foot  of  dam,  68.861 

foot  of  falls 

59.10 

33 

91.31 1 

35 

head  of  do. 

11.76.46  ^ 

13 

101.14 

35 

gov'mt  store  house, 

12.56 

12.08.90 

33 

101.20 

35 

Lyons'  store  and  whf. 

21.85 

12.30.75 

33 

101.45^, 

*3 

Horse-shoe  reef, 

420.00 

17.50.75 

35 

163.101. 

head  of  do. 

22.20 

17.72.95 

33 

103.561 

33 

foot  of  Smooth  rock, 

86.20 

18.79.15 

35 

103.96; 

33 

head  of  do. 

30.50 

19.29.65 

33 

105.59> 

33 

foot  Three  river  bar, 

90.55 

20.40.20 

35 

105.93} 

J3 

foot  Three  river  reef, 

52.85 

21.13.05 

33 

107.103 

'.  J 

head  of  do. 

25.40 

21.48.45 

33 

112.231 

33 

foot  of  Knockemstiff, 

56.50 

22.24.90 

35 

112.79; 

3? 

Drury  bar, 

41.80 

22.68.70 

33 

1 

|  3 

foot  Gascon's  reef, 

109.00 

24.17.70 

33 

113.54; 

53 

head  of  do. 

34.40 

24.52.10 

35 

115.48? 

out-let  of  Onondaga 

lake,  say  6  miles, 

30.52.10 

116.68? 

55 

from  Seneca  river  to  Orion. 

lake,  thro'  out  let,  58  chs. 

31.30.10 

33 

118.91 | 

Bottom  of  Salina  branch, 

151.91? 

Topwaterline  in  do.  155.9 {  ■ 

These  ascents  I  have  divided  as  follows  : 

m.ch.li. 

No.  1.    Comprehending  the  Oswego  reef,  *No  1 

sscent,  14.76}    di«t.  1.27.40 


492  CANAL  LAWS,  &*. 

1820.  To  surmount  this  rapid,  it  is  proposed  to  build  a  dam  across 
v— ^  the  Oswego  river,  which  shall  flow  the  water  back  upon  the  suc- 
cession of  rapids  connected  with  the  Horse-race  and  Little  Smooth 
rock  rapids.  It  will  be  necessary  to'  raise  this  so  high  as  to  ob- 
tain twenty  feet  of  ascent  from  the  lake  level,  and  one  foot  and 
a  half  additional,  to  cover  the  reef  at  the  foot  of  the  next  lock, 
which  will  be  on  the  face  of  the  reef  in  2  1-2  feet  water;  this  is 
necessary  to  assist  the  navigation  from  the  above  lock.  From 
the  eastern  end  of  the  abovementioned  dam,  it  will  be  necessary 
to  cut  a  canal  fifty-one  chains  long,  on  the  bank  of  the  river,  in 
about  3.50,  cutting  to  a  site  for  a  lock  of  10  feet  lift,  thence  three 
chains  to  the  river,  into  which  it  will  be  necessary  to  drop,  and 
continue  the  canal  down  the  stream,  nine  chains,  by  a  side  wall 
next  the  shore,  to  where  the  first  lock  of  ten  feet  lift  will  proba- 
bly be  placed. 

Estimate. 

Estimate.    Dam  of  stone,      f  including  all  necessary  ^ 

720  feet  long  !  timber,  plank,  gravel-  !  fi£>f 
50  feet  base,  ]  ling,  &ic.  13.636  perch-  {  2>^.o<k> 
12.50  high,      ^esat$l.  j 

Landing  and  attaching  said  dam  to  shores,  1,000 

Proposed  canal  (perhaps  rocky)  51  chs. 

3  1-2  feet,  cutting  14.508  yds.  at  16  cts.  2,321  2S 

Excavation,  3  chains,  average  5  feet,  cut- 
ting (rock)  1301  yds.  37  1-2  cts.  487  88 

Two  locks,  each  10  feet  lift,  20,000 

Guard  lock,  6  feet  rise,  3,200 


No.  2. 


$40,645  16 

Side  wall,  3240  perches,  at  $1  3,240 
Embankments,  9  chains,  300  yds.  per  chain 

2700  yds.  T2^  675 


$44,560  16 


No.  2.  This  section  will  extend  from  the  head  of  Oswego  reef  to 
the  head  of  Horse-race,  ascent  23.31  1-4,  distance  2  miles  10 
chains. 


CANAL  LAWS.  fce. 


we  nn- 


Of  this  ascent,  5.25  will  have  been  accounted  for  bi 
rovements  on  the  head  of  Oswego  reef,    it  will  be  necessary, 
rthe  improvement  of  the  remainder  IS. 7  feet,  to  place  a  dam 
d  lock  near  the  Little  Smooth  rock  reef,  and  another  at  such 
istance  above  this  reef,  as  the  ascent  will  demand. 
These  will  estimate  as  follows  : 
1  dam,  12  feet  high  )        nrt0  . 


1820, 


at  $1 


10,908  do.  do. 


(500  "  long 
50  n   base  ) 
1   do.  12  "    high  ) 
600  "    long  S 
50  "   base  ) 
I  Lock,  9  feet  lift, 

1  do.    9.07  do. 

Landing  and  attaching  dams  to  the  shores, 

2  Guard  locks,  gates,  &c.  6  feet  high, 


S10,908 


10,908 

9,000 
9,070 
2,000 
G,400 


Estimate, 


$48,27S 

No.  3.  Extends  from  head  of  Horse-race  to  head  of  Smooth  ' 
rock,  and  contains  the  following  rapids  in  succession. 
Rapids  below  Six  mile  reef,  no  particular  name,  5.17  1-2 
Six  mile  reef,  3.03  1-2 

Devil's  Horn  reef,  G.o4  1-2 

Smooth  rock.  2.55  1-2 


17.31 


ascent. 


To  overcome  these  rapids,  erect  a  dam  and  lock  at  any  place 
most  convenient,  probably  about  12  chains  above  the  head  of 
the  Horse-race,  at  the  head  of  a  short  stretch  of  still  water,  and 
another  at  the  foot  of  Devil's  Horn. 


Estimate. 


1  Dam,  in  4  feet  water  ^| 
12   "  high  I 


Y  10,908  perches,  $10,908 


600   "  long 
50   "  base  j 
Attaching  same  to  shores, 
Dam  at  foot  of  Devil's  Horn,  12.31  high,  (in 

3.00  water)  600  feet  long, 
Attaching  and  landing  same  to  shores, 


11,190 
1 .000 


Kstitnatf. 


494  CANAL  LAWS,  fcc. 

1820.    2  Locks  8  feet  and  9.31  feet  lift.  $1 7,310 

*  v  '  2  Guard  locks,  6  feet  high,  6,400 


$46,S00 


No.  4.  No.  4.  This  division  commences  at  still  water,  above  Smooth 

rock  reef,  and  extends  to  the  foot  of  Oswego  Falls  rapid,  cover- 
ing no  other  obstruction  than  Braddock's  reef.  This  reef  may  be 
surmounted  in  four  different  ways. 

1st.  By  a  dam  thrown  across  the  north  part  of  Braddock's 
Island,  and  a  lock  to  let  into  the  river,  as  described  of  most  of 
these  below. 

2d.  By  a  dam  placed  across  at  the  centre  of  the  island,  and 
canal  across  the  elbow,  formed  by  the  bend  of  the  river  from  this 
place,  with  a  lock  inland. 

3d.  By  a  dam  as  last  above  mentioned,  only  across  the  west- 
ern branch  of  the  river,  and  a  river  lock,  assisted  by  a  wing  dam 
from  the  southerly  point  of  the  island,  to  the  north  end  of  the  isl- 
and, which  stands  on  the  head  of  the  reef,  and  which  forms  a 
part  of  the  wing  dam  in  the  occupation  of 

4th.  By  a  dam  thrown  across  the  river,  about  6  chains  below 
the  island,  when  the  river  is  compressed  to  about  6  chains  width ; 
at  this  place,  the  dam  would  stand  in  about  9  feet  water. 

The  expense  attending  either  of  the  above  methods  would 
probably  be  the  same. 


Estimate. 


Estimate,  on  1st  plan  only. 


Dam,  600  ft. — deduct  for  assistance  gained  from  the 
position  of  the  island,  60,  is  540  in  4  feet  water, 
will  be  9  feet  high,  $7,364 
Attaching  to  shores,  1,000 
Lock  5  feet  lift,  5,000 
Excavation  necessary  at  head  of  lift,  to  construct  a 
channel,  2.50  chs.  long,  30  feet  wide,  1.50  deep 
in  rock,  275  yds.  at  $1  25  per  yard.  348  75 


13,712  75 

Guard  lock.  6  feet  high!  3,200  00 


$16,912  95 


CANAL  LAWS,  fee. 


No.  5.  From  foot  of  Oswogo  Falls  rapid,  extends  to  James 
<yons'  wharf,  above  the  falls — ascent  41.03  I -J. 
To  surmount  this  rapid  and  falls,  it  will  be  found  necessary  to 
place  a  lock  at  or  near  the  foot  of  the  rapids,  of  13  feet  lift  ; 
from  which  a  canal  may  be  constructed  to  Falley's  mill  pond — 
distance  chains  105.50.  Of  this  distance  25  chains  demand  a 
cutting  equal  to  7  feet,  partly  in  very  steep  side  lying  ground, 
,and  the  remainder  80.50  ch.  cutting  may  call  for  an  average  of 
f  3  1-2  feet. 

,    Estimate  of  first  part  of  section  5. 

Lock,  13  feet  lift,  .$13,000 
Canal,  25  chains,  7  feet  cutting,  16,479  yds. 
at  18  cts. 

Do.  80.50  3.50  do.  19.900  do.  14  do. 
Guard  lock  and  gate,  at  Falley's,  4  feet  high. 


495 


2,966 
2,786 
2.134 


20,886 


1  Lock  at  or  near  Falley's  pond,  10  feet  lift, 
1  do.  do.  do.  free  stone  quarry,  10  feet  lift, 

1  do.  do.  do.  foot  of  Falls,  8.9 

Side  wall  next  to  bank  which  will  be  necessary 
to  build,  within  which  canal  must  be  con- 
structed— average  thickness,  6  feet ;  height 
13  feet  ;  length  53  chains,  312  perches  per 
chain,  at  $1  per  perch, 
Embankment  within  and  on  the  same,  estima- 
ted at  350  cubic  yds.  pr.  ch.  18.550  yds. 
at  25, 

Wing  dam,  above  the  falls,  to  secure  a  perma- 
nent level,  8  chs.  long,  at  $300  per  chain, 
Guard  gate  and  lock,  6  feet  high, 

2  Road  bridges, 


28,900 


16,536 


4,637 


49,263 


24,000 
3,200 
300 


1820. 

 v  

No.  5. 
Ascend. 


EftimaU*. 


27,500 


$76,763 

There  will  be  several  places  where  locks  are  placed 
on  reefs,  at  which  excavation  of  rock  will  be  ne- 
cessary to  form  a  boat  channel,  as  at  Braddock's 
veef.  which  cannot  probably  be  donp  for  les<  thnn    $  1 .OW  ■ 


496 


CANAL  LAWS,  &c, 


1820.  Summary  of  Estimates. 
 v — J  Section  No.  1 — 44,560 

Estimates.  2—48,286 

3—  47,80S 

4—  16,912 

5—  76,763— Total  amount,  $231,465  91 
To  which  add,  for  incidental  charges,  10  per  cent.      23,146  50 

$254,612  41 

There  is  another  mode  of  improving  the  navigation  of  this  riv- 
er, which  may  be  adopted,  which  would  be  to  make  all  the  locks 
inland,  the  dams  on  the  heads  of  the  reefs,  and  in  all  cases  con- 
struct your  canal  in  the  bank  of  the  river.  This  mode  might 
possess  some  advantages  which  the  other  does  not — amongst 
Fisheries,  which  are  the  fisheries,  and  the  uninterrupted  navigation  of  the 
river  by  rafts,  in  flood  tides,  and  the  lowness  of  the  dams.  These 
are  countervailed  by  the  arduous  nature  and  process  of  excava- 
tion, in  every  side  lying  bank,  often  times  almost  perpendicular, 
and  frequently  rising  above  the  level,  40,  50  and  60  feet.  The 
expense  of  this  mode  would  be  much  greater  than  that  of  the  fore- 
going. In  all  places  where  the  first  method  would  admit  of  it,  I 
have  made  calculations  on  improving  by  the  assistance  of  short 
canals,  which  lessen  the  expense  in  such  places  ;  but  in  every 
other  adjoining,  the  expense  would  be  greatly  increased.  But  it 
appears  to  me,  that  the  most  judicious  mode  of  making  a  navi- 
gable communication  from  Oswego  to  Oswego  Falls,  is,  to  con- 
Canal,  struct  a  canal  through  the  county,  on  one  side  or  the  other  of  the 
river,  taking  the  level  of  the  falls  for  the  basis  of  the  work. 

In  doing  this,  I  think  the  prime  difficulty  will  be  to  get  separa- 
ted from  the  river.  This  circumstance,  though  arduous,  is  not 
insurmountable.  It  may  be  done  by  a  mound  of  stone  work  and 
embankment  against  the  bank  of  the  river,  keeping  up  to  the  level 
of  the  water  above  the  falls,  till  we  arrive  at  a  point  near  F  alley's 
Pond,  say  about  six  chains  south  of  it,  from  whence  we  may  take 
the  natural  ground,  embracing  any  cutting  which  may  be  thought 
best.  From  this  point,  avd  on  this  summit,  the  neighborhood 
of  Oswego  village  may  be  attained,  near  to  which  it  will  be  ne~ 
r  ocks  cessary  to  drop  down  three  locks,  of  ten  or  eleven  feet  lift.  Being 
fully  of  opinion  that  this  course  is  practicable,  I  beg  leave  to  pre- 
sent vou  a  probable  result  of  the  undertaking  . 


CANAL  LAWS,  ft* 


497 


Kstimatc. 


Stonewall  and  bulwark  from  falls,  52  chains,  at  $530  IS20. 

per  chain,  $27,560 
Embankment  of  earth,  on  and  within  wall,  1,100  yds. 

pr.  ch.  57.200  yds.  at  T%  per  yd.  14,300 

Wing  wall  above  falls,  2,400 

Guard  lock  6  feet  high,  3,200 
Excavation,  say  11  miles,  3  1-2  feet  cutting,  supposing 
a  canal  to  be  constructed  28  feet  at  bottom  ;  to  con- 
tain 4  feet  of  water,  and  to  measure  40  feet  in  width 

on  surface  of  the  water,  217,333  yds.  at  14  cts.  is  30,426 
Embankment,  say  one  mile,  at  an  average  of  one  foot 

below  bottom,  54,461  cubic  yards  at  f/oth,  13,615 

Grubbing  12  miles,  at  $1,600  per  mile,  10,290 

Culverts,  say  6,  at  $300  each,  1,S00 

Road  bridges,  4,  at  $350  1,400 

Aqueduct  over  Black  creek,  stone  piers,  6,000 

ocks,  3  of  10  feet  lift,  30,000 

encing,  12  miles,  $320  per  mile,  3,840 

amages  to  owners  of  land,  (certainly  nothing,)  but  say,  1,000 


154,741 

To  which  may  be  added  10  per  cent,  for  contingent  ex- 
penditures, 153474 

$170,215  

In  the  foregoing  estimate,  1  have  extended  the  improvements 
to  within  about  80  rods  of  sloop  and  schooner  navigation,  in 
the  harbour  of  Oswego,  leave  it  then  in  a  basin,  which  should 
remain  until  lime  shall  demonstrate  the  propriety  of  locking 
down  to  the  lake.  The  remaining  lockage  will  be  71.45  feet, 
which  can  be  overcome  for  71,500  dollars. 

Having  given  such  examination,  &c.  of  the  position  of  this 
river,  below  the  falls,  permit  me  to  offer  the  examination  from 
the  falls  southward  to  the  Onondaga  lake 

From  Lyon's  wharf,  southwardly,  no  improvement  is  neeessa-wlF^,nI'J0o', 
ry,  till  we  have  ascended  the  river  to  the  Horse-shoe  rref,  5  miles 
20  chains.  This  is  a  small  rapid,  in  length  about  four  chains, 
on  which  is  an  ascent  of  less  than  6  inches.  This,  of  itself, 
might  be  improved  for  a  trifling  sum,  say  250  dollars,  by  culling 
through  the  bar  in  such  manner  as  to  give  a  passage  for  boat>  ; 
but  it  would  perhaps  be  policy  to  connect  the  improvements  on 
this  with  the  succeeding  reefs  :  at  this  place  a  dam.  including  a)1 

63 


Estimate. 


CANAL  LAWS, 

necessary  land  work,  would  be  about  400  feet  long,  and  if  built 
10  feet  hign,  would  cover  all  the  reefs  north  of  Three  river  point. 
The  only  objection  which  presents  itself  to  this  course,  is  the  de- 
struction of  about  300  acres  of  low  land,  which  would  be  flooded 
by  this  dam,  and  consequently  unhealthy. 


Estimate. 

Dam,  400  feet  long,  14  feet  average  height, 
Lock,  10  feet  lift, 

Guard  walls  and  gate,  8  feet  high, 

Loss  of  land  by  floods, 

Incidental  expenditures,  at  ten  percent. 


8,484 
10,000 
4,266 
1,200 

2,395 


$26,345 

Should  the  objections  above  mentioned,  or  others,  do  away 
this  method  of  improving  these  reefs,  they  might  be  improved  by 
a  dam  at  foot  of  smooth  rock,  and  a  lock  of  about  4  feet  lift ; 
and  a  dam  at  foot  of  Three  river  rfee,  with  a  lock  of  about  7  feet 
lift,  each  of  which  would  require  the  necessary  increase  of  walls, 
to  guard  against  floods.  If  the  difficulty  which  almost  uniform- 
ly presents  itself  along  this  stream,  of  departing  from  it,  did  not 
prevent,  it  would  be  a  useful  plan  to  dam  to  the  head  of  Knock- 
emstifT  reef,  and  canal  around  them  to  the  river  below  the  Horse- 
shoe, a  distance  of  about  five  miles.  This,  could  it  be  done  by 
a  dam  of  three  feet  in  height,  would  supersede  the  necessity  of 
improvement  on  the  Gascon's  reefs,  which  present  themselves 
next  above  Drury's  bar. 
Di-ury's  tor.  Drury's  bar  of  itself  hardly  presents  an  obstruction ;  but 
should  improvements  below  not  do  away  the  small  amount  of 
.evil  attending  it,  I  should  judge  that  a  passage  through  it  might 
he  obtained  for  an  expense  of  150  dollars. 

It  is  highly  probable  that  almost  any  mode  of  improving  tire 
reefs  below  Three  river  point,  will  have  a  particular  effect  on  the 
Gascon  reef.  This  is  a  fall  of  one  foot  95.100  ;  but  as  no  cer- 
tain calculation  can  be  made  on  that  effect — will  estimate  on  the 
common  mode  of  dam  and  lock. 
Estimate.       Dam  500  feet  long,  8  feet  high,  40  feet  bar,  $4,848 

Lock  2  feet,  2,000 

Guard  lock,  3,200 


$  10.048 


CANAL  Laws,  feci  uft 


The  next  and  last  improvement,  except  those  which  may  be  1 
made  to  connect  the  Salina  branch  with  Onoudaga  lake,  is  the  Salin^^n,  u 
outlet  of  the  Onondaga  lake. — Distant  from  Gascon's  reef,  G  ^tj1ak°nund*' 
miles.    This  outlet  now  affords  about  14  inches  of  water,  and  is 
a  continued  rapid  from  the  Onondaga  lake,  through  two-thirds  of 
its  length,  which  is  fifty-eight  chains.    The  ascent  through  this 
outlet  is  two  feet  and  twenty-three  hundredths. 

To  improve  this  part  of  the  navigation,  I  would  beg  leave  to 
propose  the  lowering  of  the  Onondaga  lake,  to  a  level  with  the 
surface  of  the  Seneca  river  :  this  may  be  done  by  a  canal  cut  in 
a  straight  direction  between  the  lake  and  river,  of  such  depth  a3 
to  hold  four  feet-water ;  this  would  give  an  average  of  cutting  of 
six  feet  and  fifty  hundredths,  and  the  length  would  be  abcut  fiftj  - 
three  or  fifty-four  chains. 

Estimates.  Estimates. 
Excavation,  54  chains,  C.50  deep,  32.3S9  yds.  1G  cents,  5,181 
Grubbing,     "     "       15  dolls,  per  ch.  810 

$5,091  

Estimate  by  dam  and  lock. 
Dam  200  feet  long,  (2,1 82 

Lock  2  1-2  feet  lift,  at  $1,200  per  foot,  3,000 
Canal  4  feet  catting,  54  chs.  2,552 
Grubbing,  S10 

$8,514 

The  improvement  by  the  first  of  these  methods  will  be  best,  on 
several  accounts.  The  low  lands  around  the  margin  of  this  lake, 
will  be  in  seme  measure  reclaimed  by  the  process — the  salt 
springs  be  less  incommoded  with  fresh  water,  and  the  neighbor- 
hood of  Salina  rendered  more  healthy.  There  are  those  who 
object  to  lowering  the  lake,  and  propose  to  improve  by  scraping 
out  the  present  channel  ;  this  method  cannot  avail  much,  as  the 
channel  is  of  sufficient  width  to  draw  off  the  lake,  and  therefore 
all  that  is  taken  out  above  the  level  of  Seneca  river,  will  not 
probably  deepen  the  water  in  the  channel  of  the  outlet. 

General  Estimate.  G«ueraUstu 
From  Oswego  to  Oswego  falls,  by  dams  and  locks,  $254,G12  41 
From  Oswego  falls  to  the  head  of  Gascon's  reef,  36,393  00 

Outlet  of  Onondnga  lake.  8,514  00 


mate. 


£299,519  4i 


CANAL  LAWS,  fcc. 


1820.    Improvement  from  Oswego  to  Oswego  falls,  by  canal 

and  locks,  $170,215  0Q 

From  falls  to  head  of  Gascon  reef,  as  above,  36,393  00 

Outlet  of  Onondaga  lake,  5,991  00 


$212,599  00 

Remarks. — I  have  found  the  general  depth  of  the  still  water  in 
the  Oswego  and  Seneca  rivers,  to  be  from  7  to  9  feet,  and  in  a  few 
instances  10  feet,  and  from  measurements  taken  at  many  places, 
I  find  the  spring  floods  to  have  risen  G,  7  and  8  feet  above  the 
water,  as  it  was  when  I  took  the  necessary  examinations  ;  from 
which  has  arisen  the  charge  of  guard  locks  to  many  of  the  dams 
in  the  estimates.  I  also  found  that  the  water  (flood)  in  its  pas- 
sage down  the  reefs,  generally  did  not  rise  to  that  height,  but  from 
the  velocity  of  the  current  on  these  inclined  planes,  and  in  some 
instances  from  expanded  surfaces,  the  rise  on  them  was  from  3  to 
4  feet.  The  effect  of  dams  at  the  foot  of  these  rapids,  and  on 
their  faces,  would  be  to  create  an  almost  equal  rise  of  the  floods 
on  the  whole  of  the  river,  which  I  have  estimated  at  6  feet  as  the 
lowest  and  least  possible  general  rise — yet  1  have  no  doubt  that 
in  some  instances  more  will  be  necessary.  The  depth  of  the  wa- 
ter at  the  head  of,  and  on  the  faces  of  the  several  reefs,  is  1.50,  2, 
2.50  feet  ;  of  consequence,  in  many  places  excavations  in  rock, 
with  the  disadvantages  of  being  under  water,  will  undoubtedly 
be  necessary,  or  an  increased  height  of  dam.  In  the  estimate  of 
locks  on  the  Oswego  falls  reef,  some  expense  might  probably  be 
saved  by  increasing  the  number  of  locks,  and  lessening  the  quan- 
tum of  lift  ;  this  measure  would  reduce  the  height  and  length  of 
the  side  walls.  In  my  estimate  of  dams,  I  have  given  a  computa- 
tion of  such  as  I  conceived  to  be  most  permanent,  and  took  for 
the  basis  of  my  calculation,  the  dam  at  Oriskany,  enlarging  mine, 
to  meet  some  of  the  contingencies  which  may  befal  them  from  a 
vastly  greater  pressure  of  flood  than  can  ever  force  itself  on  the 
dam  on  that  stream  ;  but  at  the  same  time,  am  well  assured  that 
dams  of  a  less  durable  fabric  may  be  built,  and  are  actually 
erected  under  the  auspices  ef  mill  owners,  which  answer  the  pur- 
poses for  which  they  are  intended,  but  are  continually  calling 
for  repairs  under  the  inspection  of  vigilant  proprietors.  This 
kind  of  dam  is  so  foreign  from  the  idea  of  permanent  improve^ 
ment,  that  I  shall  not  trouble  you  with  an  estimate  of  it, 


(  ANAL  LAWS,  6:, 


Should  the  river  navigation  require  a  towing  path  to  he  con-  1320. 

ucted  on  the  bank,  the  additional  expense  would  be  about  ten  v  v  \ 

ndred  dollars  per  mile,  or  in  the  aggregate  12,000  dollars  ;  the 
ture  and  situation  of  the  banks  often  times  rising  almost  per- 
ndicularly  from  the  waters  edge  to  the  height  of  GO  or  70  feet 
ve  the  surface  of  the  w  ater,  renders  the  project  arduous  ;  and 
rise  of  the  floods  inconvenient,  for  in  all  cases  it  must  be 
t  least  6  feet  elevated  above  common  water,  to  enable  the  navi- 
tor  to  avoid  the  rise  of  the  above  described  spring-freshets. 
I  cannot  close  these  remarks,  without  giving  some  information 
elative  to  the  fisheries,  which  present  themselves  on  the  reefs 
both  rivers.    From  information,  the  correctness  of  which  I 
ave  no  reason  to  doubt,  the  w  eirs  and  fisheries  of  different  kinds 
n  the  Oswego  Falls  reef,  alone,  produce  about  1,000  barrels  ofK'  isand 
Is  annually,  independent  of  other  fish,  which  may  be  estimated 
half  that  quantity.    On  almost  all  the  reefs,  there  are  more  or 
ess  of  these  devices  erected,  and  in  the  proper  season,  kept  in  re- 
t  and  closely  attended  to.    The  price  of  a  barrel  of  eels,  at 
lowest,  is  $10,  other  fish  are  probably  worth  more,  but  say 
n ;  and  we  have  for  an  estimate  fifteen  thousand  dollars  as  the 
oduce  of  the  Oswego  Falls  ree£  this  reef  occupies  a  length 
a  little  more  than  two  miles  ;  then  I  conceive  that  it  will  not 
an  aggravated  estimate  to  say,  that  all  the  remaining  reefs 
!11  produce  another  fifteen  thousand  dollars.    The  net!  profits 
'sing  from  this  branch  of  business,  I  have  no  means  of  calcula- 
g.    Those  reefs  and  the  fisheries  erected  on  them,  except  at 
swego  Falls,  w  ill  be  overwhelmed  by  the  process  of  damming 
d  locking  the  river,  and  many  w  ho  now  draw  much  of  their 
upport  from  that  source,  will  in  consequence  be  deprived  of 
;ir  usual  means.    It  is  said,  and  with  truth,  that  this  employ- 
ntis  not  of  the  brilliant  national  use,  w  hich  is  attached  to  ag- 
ulture,  but  still  those  employed  in  it  are  citizens  ami  nu  n,  and 
a  niche  in  the  general  estimate  ;  deprive  them  of  this  resource, 
they  will  not  become  husbandmen  ;  they  will  remain  what 
y  were — fishermen,  or  become  something  worse.    They  have 
ted  to  rake  the  waters  for  their  supplies,  and  their  rarptus, 
y  barter  with  the  farmer  for  their  bread,  who  is  glad  to  make 
exchange,  rather  than  break  in  upon  his  profession  to  catch 
• 

In  the  first  method  of  improving  Oswego  Falls,  the  proce.-s  Oiwfgo  K»n«. 
)inted  out  will  apply,  without  much  difference  of  description  or 


CANAL  LAWS,  fee* 


1820.    expense,  to  either  side.    The  canal  proposed,  is  calculated  for 
\^v-^  the  eastern  side  of  the  river.    It  may  be  made  on  either  side  ;  but 
I  think  the  approach  on  the  west  side,  to  the  harbor  of  Oswego, 
somewhat  more  difficult,  and  the  embankment  would  probably 
be  more  expensive. 

In  my  plans,  I  have  not  laid  down  any  part  of  the  river  above 
the  Oswego  Falls,  where  there  is  no  necessity  of  improvement ; 
having  pursued  this  course,  it  became  difficult  to  draw  a  con- 
necting plan  of  the  outlet  of  Onondaga  lake.  I  hope  that  no  dis- 
advantage will  result  from  it. 

I  am  respectfully, 

Your  obd't.  servant. 

DAVID  S.  BATES* 

January  7,  1S20. 

PROCEEDINGS 

On  the  part  of  tlue  State,  to  purchase  the  right  of  the  JVestert 
Inland  Lock  Navigation  Company. 

x     REPORT  OF  THE  COMMISSIONERS. 

To  the  Honorable  Ambrose  Spencer,  Chief  Justice,  and  Williai 
TV.  Van  Ness,  Joseph  C.  Yates,  Jonas  Piatt  and  John  Wood 
worth,  Justices  of  the  Supreme  Court  of  Judicature  of  tl 
State  of  New-York: 

Report.  The  undersigned,  Richard  Varick,  Nathaniel  W.  Howel 

William  W.  Woolsey,  Obadiah  German,  and  Elisha  Jenkins,  af 
pointed  by  the  Justices  of  the  Supreme  Court,  to  estimate  tl 
damages  to  be  sustained  by  the  Western  Inland  Lock  Navig; 
tion  Company,  by  investing  in  the  People  of  this  state,  all  tl 
lands,  waters,  canals,  Locks,  Feeders,  and  appurtenances  theret 
acquired,  used  and  claimed  by  the  said  company,  under  its  act 
incorporation,  and  the  several  acts  amending  the  same,  have  tl  I 
honor  to  report — 

That  in  pursuance  of  the  said  appointment,  and  the  directio; 
of  "An  act  respecting  navigable  communications,  between  tl  1 
great  western  and  northern  lakes  and  the  Atlantic  ocean,"  passt  i 
15th  April,  1817,  they  proceeded  to  the  duty  thereby  enjoined  i  I 
rhenv  ami  after  a  personal  inspection  of  the  various  works,  CO  [1 

I 


CANAL  LAWS,  U.  608 

Q-Ucted  and  occupied  by  the  said  company,  and  having  mature-  1820. 

y  considered  the  arguments  of  counsel  employed  by  the  said  1  v  ' 

ompany  and  by  the  state,  they  estimate  and  appraise  the  daun- 
ts aforesaid,  at  the  sum  of  one  hundred  and  fifty-one  thousand, 
ight  hundred  and  twenty  dollars  and  eighty  cents,  to  be  appor- 
ioned  among  the  stockholders  of  the  said  company,  in  the  man- 
er  following,  viz : 

To  the  individual  stockholders,  proprietors  of  stock  amount-  AnfOUnt 
ig  to  $140,000,  the  sum  of  ninety-one  thousand,  six  hundred  ™  >n\L<i>  ,n<1 
nd  sixteen  dollars-,  and  for  the  use  of  the  People  of  this  Btate, cJpUt. 
roprietors  of  stock  amounting  to  $92,000,  the  sum  of  titty 
xoiisand,  two  hundred  and  four  dollars  and  eighty  cents. 

The  undersigned  beg  leave  to  state  the  principles  which  have 
overned  them  in  estimating  the  damages  as  above.  In  making 
decision  affecting  the  interests  of  a  number  of  respectable  and 
iterprising  individuals,  who  have  taken  the  lead  in  attempting 
le  improvement  of  the  inland  navigation  of  our  state,  at  :» 
me  when  they  could  derive  but  little  benefit  from  skill  or  ex- 
erience,  the  undersigned  felt  a  solicitude  to  do  justice  to  the 
)irited  and  patriotic  eiforts  of  the  stockholders  of  the  Western 
lland  Lock  Navigation  Company,  by  ascertaining,  on  fixed 
riuciples,  the  real  value  of  the  property  which  they  possess 
id  enjoy  in  consequence  of  the  investment  of  their  capital  and 
le  existing  laws  of  the  state,  devised  for  the  protection  of  their 
ghts,  as  well  as  for  their  encouragement  in  prosecuting  a  work, 
l  a  limited  scale,  which  has  proved  to  be  the  precursor  of  a 
lore  magnificent  undertaking,  that  will  advance  the  best  inter- 
ns of  the  state,  and  shed  a  lustre  upon  the  age  in  which  it  wa> 
jmmenced. 

With  these  views,  the  undersigned  ascertained  the  amount  of 
ividends  arising  from  tolls,  which  have  been  made  for  the  last 
ght  years,  including  a  sum  now  in  the  treasury  of  the  compa- 
ty,  or  in  the  course  of  receipt,  but  not  yet  declared  as  a  dividend, 
rom  this  amount,  there  ought  to  be  deducted  the  sum  which  is 
■quired  to  repair  the  works,  necessary  for  their  present  use,  n< 
ell  as  for  their  future  preservation. 

We  beg  leave  to  state,  that  for  more  accurate  information  on  Rtnj'n  Wt  .>i, 
iS  subject,  the  undersigned  consulted  Benjamin  Wright,  Esq. 
i  experienced  and  skilful  engineer,  who  estimates  the  expense 
repairs,  at  a  sum  which  would  absorb  the  tolls  of  three  years, 
turning  that  the  receipts  of  future  years  would  be  equal  to 
Jfwe  received  for  the  eight  years  pas?.    Estimating  tire  receipts 


504 


CAx\AL  LAWS,  &o 


1826.    for  the  three  years  to  come,  on  a  like  average,  they  will  amount 

 '  to  thirty-six  per  cent,  on  the  capital  of  $ 232,000,  or  ST%\\  per 

cent,  per  annum,  and  assuming  that  a  well  vested  capital,  yield- 
ing an  annuity  of  five  dollars,  is  worth  one  hundred  dollars,  and 
applying  this  principle  of  calculation,  for  the  purpose  of  ascer- 
taining the  present  value  of  the  capital  stock  belonging  to  the 
western  inland  lock  navigation  compan}',  it  will  be  seen,  that  the 
capital  stock  of  $232,000  is  worth  one  hundred  and  fifty-one 
thousand,  eight  hundred  and  twenty  dollars,  and  eighty  cents,  of 
which  the  stockholders,  other  than  the  people  of  this  state,  will  be 
entitled  to  receive  the  sum  of  ninety  one  thousand  six  hundred  and 
sixteen  dollars,  to  be  apportioned  among  the  said  stockholders, 
holding  sixteen  hundred  and  eighty  shares,  according  to  the  num- 
ber of  shares  which  they  respectively  hold. 

The  undersigned  are  confirmed  in  the  accuracy  of  the  estima- 
ted damages,  which  they  have  awarded,  by  another  process 
adopted  by  them,  in  arriving  at  the  desired  conclusion.  They 
addressed  a  note  to  Benjamin  Wright,  Esq.  requesting  from  him 
an  estimate  of  the  cost  of  erecting  works  and  making  improve- 
ments, similar  to  those  made  by  the  company ;  as  also  an  esti- 
mate of  the  sum  requisite  to  make  the  necessary  repairs,  to  put 
the  present  works  in  good  order.  From  the  answer  communi- 
cated by  Mr.  Wright,  it  appears,  that  the  estimate  for  the  latter 
object,  deducted  from  the  former,  will  make  an  excess  of  some- 
thing more  than  seven  thousand  dollars  beyond  the  sum  award- 
ed by  the  appraisers,  a  sum  of  no  great  magnitude  when  appor- 
tioned upon  a  capital  of  $232,000. 

Respectfully  submitted. 
Rome,  June  24th,  1820. 

RICH'D  VARICK, 
NAT'L  W.  HOWELL, 
WM.  W.  WOOLSEY, 
OBADIAH  GERMAN, 
ELISHA  JENKINS, 


CANAL  LAWS,  fee 


1820. 

AFFIDAVIT  OF  THE  COMMISSIONERS. 

State  of  New-York.  . 

J  '  1  ss. 


Oneida  Cou 


rk,  > 
nty,  S 


Richard  Varick,  Nathaniel  W.  Howell,  William  W.  Wool-  Affidavit  of 
sey,  Obadiah  German  and  Elisha  Jenkins  being  duly  SWOril.  ers. 
depose  and  certify,  that  the  preceding  is  a  just,  equitable,  and 
impartial  appraisal,  to  the  best  of  their  judgment  and  belief,  of 
the  damages  to  be  sustained  by  the  Western  Inland  Lock  Navi- 
gation Company,  by  investing  in  the  People  of  the  said  state  all 
the  lands,  waters,  canals,  locks,  feeders  and  appurtenances  there- 
to acquired,  used  and  claimed  by  the  said  company,  under  its  act 
of  incorporation,  and  the  several  acts  amending  the  same. 

RICH'D  VARICK, 
NAT'L  W.  HOWELL, 
WM.  W.  WOOLSEY, 
OBADIAH  GERMAN, 
ELISHA  JENKINS. 

Sworn  June  24,  1820,  "> 
Before  me,  ) 

B.  P.  JOHNSON, 
A  Commissioner  to  take  the  acknowledgment 
of  deeds. 


CONFIRMATION  BY  THE  JUDGES  OF  THE  SU- 
PREME COURT. 

In  Supreme  Court,  August  1UA,  1820. 
The  court  having  taken  into  consideration  the  foregoing  re-  Affirmance  of 
port,  are  of  opinion,  and  do  certify,  that  the  said  damages  have  Assewment- 
been  fairly  and  equitably  assessed. 

A.  SPENCER, 
W.  W.  VAN  NESS, 
JOSEPH  C.  YATES, 
JONAS  PL  ATT, 
JOHN  WOODWORTH. 


506 


CANAL  LAWS,  &c. 


1820.  Appointment  of  B.  Bleeclcer. 

At  a  meeting  of  the  Directors  of  the  Western  Inland  Lock  Nav- 
igation company,  held  in  the  city  of  New-York,  September 
15,  1820. 

Present — Robert  H.  Bowne,  President, 
Daniel  McCormick,  John  Atkinson,  Jr. 

John  B.  Graves,  Thomas  Eddy,  and 

H.  B.  Pierpoint,  John  R.  Murray. 

Resolved,  That  Barent  Bleecker,  the  agent  of  this  company, 
A^ppoiotment  be  and  he  is  hereby  empowered  to  receive  from  the  Treasurer  of 
ceiveCpayment  this  state  the  amount  of  damages  assessed  to  the  company  by 
the  appraisers  appointed  by  the  Justices  of  the  Supreme  Court 
of  Judicature  of  this  State  pursuant  to  the  4th  Section  of  the 
act  entitled,  "an  act  respecting  the  navigable  communications 
between  the  Great  Western  and  Northern  Lakes  and  the  Atlantic 
ocean,"  passed  April  15,  1817,  together  with  the  expenses  of 
the  said  appraisal,  which  may  be  audited  and  allowed  to  the 
Company  by  the  Comptroller  ;  and  that  the  common  seal  of  this 
Company  be  affixed,  and  the  President  subscribe  his  name  to  a 
copy  of  this  resolution,  and  transmit  the  same  to  their  said  agent. 
Extracted  from  the  Minutes, 

ROBERT  H.  BOWNE,  President. 
Thomas  Eddy,  Treasurer  and  Secretary. 

Payment  of  the  amount  as  above  awarded. 

Albany,  October  2,  1820,  Rec'd.  from  the  Commissioners 
J^*tofpay"of  the  Canal  fund,  ninety-one  thousand  six  hundred  and  sixteen 
dollars,  in  full  of  the  amount  awarded  to  the  individuals  of  the 
Western  Inland  Lock  Navigation  Company,  agreeably  to  the 
above  order. 

BARENT  BLEECKER, 


CANAL  LAWS, 


o07 


XXXII. 

Legislative  proceedings  in  the  year  1 820. 


1820. 


On  the  13th  of  March,  1S20,  the  Assembly  Went  intO  COni"  (ion  to  improve 
mittee  of  the  whole  on  the  bill  "  to  amend  an  act  respecting  °3Wt'S°  nvtr- 
"  the  navigable  communications  between  the  groat  western  and 
"  northern  lakes,  and  the  Atlantic  Ocean. "  Mr.  Huntington 
moved  to  add  a  clause  to  the  bill  declaring,  "  that  the  sum  of 
"  $25,000  arising  from  the  first  of  the  said  sales  (of  land)  be 
"  appropriated  for  the  improvement  of  the  navigation  of  the 
"  Oswego  River  under  the  direction  of  the  canal  Commission- 
"  ers."  The  motion  prevailed  by  all  the  votes  except  twenty- 
three,  to  wit  : 


For  the  Negative* 


Mr.  Bockee. 

Mr.  Kirtland. 

Mr.  Bragg, 

.Mr.  M'Kay, 

Mr.  Camp, 

Mr.  Mesier, 

Mr.  Crandall. 

Mr.  A.  Miller. 

Mr.  Forward, 

Mr.  John  Miller 

Mr.  Green, 

Mr.  Moe, 

Mr.  H.  Guion. 

Mr.  Parson-. 

Mr.  J.  Guy  on, 

Mr.  Powell, 

Mr.  J.  Hill, 

Mr.  Sharpe. 

Mr.  Ho  finagle, 

Mr.  Speaker, 

Mr.  Jenkins, 

Mr.  Ulshoefler, 

Mr.  Jones, 

23 


On  the  passage  pf  the  whole  bill  in  committee  of  the  whole, 
the  votes  were,  as  follows  : 


For  the  Affirmative. 


Mr.  Armstrong, 
Mr.  Austin, 
Mr.  Babcock, 
Mr.  Bragg, 
Mr.  Case, 
Mr.  Crocker, 


Mr.  Merriam, 

Mr.  Mesier, 

Mr.  John  Miller, 

Mr.  Morgan, 

Mr.  Morton, 

Mr.  Munson, 


DlV  15100- 


CANAL  LAWS,  fcc. 


Mr.  Crolius, 

Mr.  Nelson, 

Mr.  Delano, 

Mr.  Newcomb, 

Mr  Deyo, 

Mr.  Oakley, 

Mr.  Drake, 

Mr.  Orton, 

Mr.  Earll, 

Mr.  Philips, 

Mr.  Field, 

Mr.  Pine, 

Mr.  Foote, 

Mr.  Powell, 

Mr.  Francisco, 

Mr.  Pratt, 

Mr.  Gross, 

Mr.  Price, 

Mr.  Hackley, 

Mr.  Romaine, 

Mr.  Hatfield, 

Mr.  Rose, 

Mr.  Heeney, 

Mr.  Seymour, 

Mr.  Hickock, 

Mr.  L.  Smith, 

Mr.  J.  Hill, 

Mr.  Speaker, 

Mr.  Huntington, 

Mr.  H.  Steele, 

Mr.  Irving, 

Mr.  P.  Steele, 

Mr.  Jackson, 

Mr.  Stoors, 

Mr.  Jennings, 

Mr.  Strong, 

Mr.  Jones, 

Mr.  Ulshoeffer, 

Mr.  King, 

Mr.  Van  Fossen, 

Mr.  Kirtland, 

Mr.  Watkins, 

Mr.  M'Knight, 

Mr.  Willes, 

Mr.  M'Neil, 

Mr.  York, 

Mr.  MarkelJ, 

For  the  Negative. 

Mr.  Allen, 

Mr.  N.  P.  Hill, 

Mr.  Bockee, 

Mr.  Humphrey, 

Mr.  Caldwell, 

Mr.  Jenkins, 

Mr.  Camp, 

Mr.  JVI'Kay, 

Mr.  Campbell, 

Mr.  A.  Miller, 

Mr.  Chase, 

Mr.  Moe, 

Mr.  Crandall, 

Mr.  Parsons, 

Mr.  Dill, 

Mr.  Patterson, 

Mr.  Doolittle, 

Mr.  Schenck, 

Mr.  Doughty* 

Mr.  Sharpe, 

Mr.  Dow, 

Mr.  S.  A.  Smith 

Mr.  Elmore, 

Mr.  Snyder, 

Mr.  Elting, 

Mr.  Tredwell, 

Mr,  Forward, 

Mr.  Tuthill, 

CANAL  LAWS,  fa 


Mr.  Green, 
Mr.  H.  Guion, 
Mr.  J.  Guy  on. 
Mr.  flaring, 
Mr.  Hawks, 


Mr.  Vail, 

Mr.  V.  Vsrikjnburgh, 

Mr.  Walbridge, 
Mr.  Warner, 


1820. 


37 


The  bill  as  it  passed  the  Assembly  repealed  (§  1.)  the  ofceftkMlL 
dollar  tax  upon  steam  boat  passengers,  and  2.)  declared  that 
the  North  River  Steam  Boat  Company,  should,  during  the  con- 
tinuance of  their  charter  pay  $5000  a  year  in  lieu  of  the  dollar 
tax.  It  also  (§  3.)  directed  the  commissioners  of  the  land  of- 
!ce  to  cause  the  lots  belonging  to  the  state  in  the  tract  set  apart 
r  the  use  of  the  salt  springs  in  Onondaga  county,  except  those 
eased,  and  such  other  parts  as  it  may  be  expedient  to  reserve, 
to  be  sold,  and  also  excepting  all  salt  springs,  salt  mines,  coal 
mines  and  other  mines  and  minerals  thereon.  The  bill  also 
(§  4.)  declared  that  the  commissioners  of  the  land  office  might 
receive  surrenders  of  the  leases  of  such  of  the  pasture  and 
marsh  lots  as  the  lessees  might  be  willing  to  surrender,  and  5.) 
the  commissioners  might  proceed  by  compromise  to  procure  the 
surrender  of  those  of  the  lots  as  might  be  necessary  for  the  fu- 
ture growth  of  the  village  on  the  tract,  and  for  the  extension  of 
manufactories,  and  might  lay  out  village  and  salt  manufacturing 
lots,  &c.  The  proceeds  of  the  sales  of  lands  (§6.)  were  ap- 
propriated to  the  canal  fund,  but  the  right  was  reserved  of  ap- 
propriating a  part  for  improving  the  navigation  of  the  Oswego 
liver,  and  the  communication  between  the  Salina  brand)  canal, 
and  the  Onondaga  lake,  and  (§  7.)  the  sum  of  $25,000  was  ap- 
propriated from  the  first  sales  of  land  for  the  improvement  of 
the  navigation  of  the  Oswego  river  under  the  direction  of  the 
canal  commissioners. 

On  the  third  and  last  reading  of  this  bill  in  the  Assembly,  on 
the  14th  of  March,  it  passed  by  54  to  40. 


For  the  Affirmative. 


Mr.  Austin, 
Mr.  Babcock. 
Mr.  Crocker, 
Mr.  Crolius. 
Mr.  Dean, 
Mr.  Delano. 


Mr.  Mesier, 
Mr.  Moe, 
Mr.  Morgan. 
Mr.  Morton, 
Mr.  Munson. 
Mr.  Nelson. 


Dhritioti 


CANAL  LAWS,  b 


Mr.  EarlJ, 

Mr.  Oakley, 

Mr.  Field, 

Mr.  Orton, 

Mr.  Francisco. 

Mr.  Philips, 

Mr.  Hackley, 

Mr.  Pratt, 

Mr.  Hatfield, 

Mr.  Romaine. 

Mr.  Haverly, 

Mr.  Root, 

Mr  Heeney, 

Mr.  Rose, 

Mr.  Hickock, 

Mr.  L.  Smith, 

Mr.  J.  Hill, 

Mr.  H.  Steele, 

Mr.  Huntington, 

Mr.  P.  Steele, 

Mr.  Irving, 

Mr.  Storrs, 

Mr.  Jackson, 

Mr.  Stroncr, 

Mr.  Jennings. 

Mr.'  Swart. 

Mr.  Jones, 

Mr.  Ulshoeffer, 

Mr.  King, 

Mr.  Van  Fossen,  ' 

Mr.  Kirtland, 

Mr.  Verbryck. 

Mr,  M'Knight. 

Mr.  Watkins, 

Mr.  M'Kown. 

Mr.  Wheeler. 

Mr.  M'Niel. 

Mr.  Willes, 

Mr.  Markell,  • 

Mr.  Williams. 

Mr.  Merriam, 

Mr.  loru.  o4. 

For 

thp  JSfcinttifMi 

Mr.  Allen, 

Mr.  J.  Guyon, 

Mr.  Armstrong, 

Mr.  Haring. 

Mr.  Bockee, 

Mr.  Hawk-, 

Mr.  Bragg, 

Mr.  N.  P.  Hill, 

Mr.  Caldwell. 

Mr.  Humphrev. 

Mr.  Camp, 

Mr.  Jenkins, 

Mr.  Campbell, 

Mr.  Xewcomb. 

Mr.  Chase, 

Mr.  Parsons, 

31r.  Colvard, 

Mr.  Patterson, 

Mr.  Crandall. 

Mr.  Price, 

Mr.  Dill, 

Mr.  Sharpe, 

Mr.  Dow, 

Mr.  S.  A.  Smith, 

3Ir.  Elting, 

Mr.  Snyder, 

Mr.  Finch. 

Mr.  Tredwell. 

Mr.  Fonda, 

Mr.  Tutbill. 

Mr.  Foote, 

Mr.  Vail, 

Mr.  Forward. 

Mr.  V.  Valkenbur^h. 

CANAL  LAWS,  bfc. 

Mr.  Fox,  Mr.  Walbridge, 

Mr.  Green,  Mr.  Warner, 

Mr.  H.  Guion,  39, 

On  the  5th  of  April  the  senate  in  committee  of  the  whole  cel- 
led a  clause,  directing", 

"That  one  fourth  of  the  monies  to  be  applied  in  constructing  Aciauwad- 
1  the  said  can  Is,  shall  be  appropriated  towards  the  construction  n.»t.  <m  p 'y.n.- 
'of  the  Champlain  canal,  and  the  remaining  three  fourths,  OMO  1 ,1  c  .i  nation  to 
1  half  towards  the  western  section  of  the  Erie  canal,  and  the  re-  jjj* chomp!  4 


.rn 


maining  half  towards  the  eastern  section  of  the  said  Erie  canal  :Can,,s- 
'  Provided  however,  That  the  canal  commissioners,  shall  be  au- 
thorised, out  of  the  said  monies,  to  complete  and  keep  in  repair 
1  such  parts  of  the  canals  as  have  been  in  a  part  or  wholly  finish- 
'  ed:  And  provided  further,  That  in  case  the  respective  amounts 
'above  appropriated,  should  prove  more  than  can  be  judicious- 

*  ly  appropriated  on  the  said  different  sections,  it  shall  be  the  du- 

*  ty  of  the  commissioners  especially  charged  with  the  superin- 

*  tendence  of  such  section,  to  consent  to  the  expenditure  on  the 
1  other  sections." 

On  the  1  Oth  the  senate  resolved  as  follows  : 
M  That  the  Comptroller  be  and  he  hereby  is  directed  to  digest, 
'  prepare  and  report  to  the  next  legislature,  a  system  or  plan  of  n\t^f9ta 
'a  sinking  fund,  for  the  purpose  of  devising  and  securing  ways'"?  funH- 
1  and  means  to  discharge  the  present  debts  of  this  state,  and 

*  those  which  hereafter  may  be  incurred." 

The  commissioners  of  the  canal  fund  reported  to  the  legisla- 
ture that  John  Hornby,  Esq.  had  ceded  to  the  state  3000  acres  of 
land  in  Steuben  county  by  deed,  dated  January  4,  1817,  and 
that  all  the  grants  made  to  the  state  already  amounted  to  104,6.) 2 
acres. 

On  the  16th  of  March  the  assembly,  on  the  motion  of  Mr. 
Huntington,  Resolved, 

"  That  the  canal  commissioners  be  and  they  are  hereby  direct-  ^  ^  ^ 
''ed,  to  cause  a  survey  to  be  made  during  rlie  ensuing  season, Rochester. 
1  of  a  route,  for  a  side  cut  from  the  line  of  the  Erie  canal,  in 
'  the  vicinity  of  Rochester,  northerly  to  the  most  eligible  place 
'  on  the  east  bank  of  the  Genesee  river,  in  the  village  of  Clyde, 
"  for  a  connection  with  the  navigable  waters  of  lake  Ontario,  t«» 
;  make  estimates  of  the  expense  of  constructing  the  <iid  *id< 


512 


CANAL  LAWS,  &c. 


1820.    "  cut,  and  report  the  same  to  the  legislature  at  their  next  meet- 

*  «—> '  «  ing." 

The  canal  commissioners  at  this  session  made  the  report  re- 
quired of  them  by  concurrent  resolution  of  the  last  session, 
(April  13,  1819,)  concerning  the  Oswego  river,  Seneca  river, 
&c.    In  that  report  they  set  forth  the  letter  of  David  S.  Bates, 
Esq,  [see  ante,  page  490.] 
Review  of  D.     He  proposes  that  a  dam  should  be  built  across  the  Oswego 
s^Bates'  re*  river,  which  shall  How  the  water  back  upon  the  succession  of 
rapids  connected  with  the  Horse-race  and  Little  Smooth  Rock 
Rapids.    This  he  thinks  necessary  to  obtain  20  feet  of  ascent 
from  the  lake  level,  and  1  1-2  foot  additional  to  cover  the  reef  at 
the  foot  of  the  next  lock,  which  will  be  on  the  face  of  the  reef 
in  2  1-2  feet  water.    From  the  eastern  end  of  the  dam,  he  thinks 
it  will  be  necessary  to  cut  a  canal  51  chains  long  on  the  bank  of 
the  river,  in  about  3.50  ft.  cutting  to  a  site  for  a  lock  of  10  feet 
lift ;  thence  3  chains  to  the  river,  into  which  it  will  be  necessary 
to  drop,  and  continue  the  canal  down  the  stream  9  chains,  by  a 
side  wall  next  the  shore  to  w  here  the  first  lock  of  10  feet  lift  will 
probably  be  placed.    He  estimates  the  w  hole  expense  at  44,560 
dollars.    Of  the  next  section,  from  the  head  of  Oswego  reef  to 
the  head  of  Horse-race,  ascent  23.31,  distance  2  miles  19  chains, 
he  estimates  the  expense  at  $48,27S.    Of  the  next  section,  from 
Horse-race  to  head  of  Smooth  Rock,  6  rapids,  with  17.31  as- 
cent, he  estimates  the  expense  at  $47,S08  dollars.    Of  the  next 
section,  commencing  at  Stillwater,  above  Smooth  Rock  reef,  and 
extending  to  the  foot  of  Oswego  falls  rapid,  covering  no  other 
obstruction  than  Braddock's  reef,  he  estimates  the  expense  at 
$  16,9 12  dollars.    Of  the  last  section,  from  the  foot  of  Oswego 
falls  rapid  to  James  Lyons'  wharf,  above  the  falls,  ascent  41,03 
he  estimates  the  expense  at  $73,899.    Total,  with  the  additior 
of  ten  per  cent,  for  contingencies,  $254,612.    He  also  present 
an  estimate  of  $170,215,  for  improving  the  river  on  anothe 
plan.    From  the  falls  southw  ard,  to  the  Onondaga  lake,  he  esti 
mates  at  about  36,345  dollars.    With  respect  to  the  outlet  c 
Onondaga  lake,  (distant  from  Gascon's  reef  6  miles,)  he  propo 
ses  the  lowering  of  the  Onondaga  lake  to  a  level  wiih  the  sur 
face  of  Seneca  river,  and  he  gives  two  estimates  of  expense  o 
different  plans,  one  amounting  to  5,991  dollars,  and  the  other  t 
8,514  dollar*.    Hi?  general  estimate  is  as  follows. 


CANAL  LAWS,  fac, 

"  timer  ai  Estimate. 
From  Oswego  to  Oswego  falls  by  dams  and 

locks,  $264,6U  41 

 Oswego  falls  to  the  head  of  Gascon1 

Reef,  36,999  00 
 Outlet  of  Onondaga  lake  8,514 


Improvements  from  Oswego  to  Oswego 

falls  by  canals  and  locks,  £170,215 
From  the  falls  to  head  of  Gascon  as  above,  30,393 
Outlet  of  Onondaga  lake,  5,99  I 


$299,519  41 


$212,599" 


;  If  the  river  navigation  should  require  a  towing  path  on  the 
ank,  the  additional  expense  will  be  about  $1,000  per  mile,  or 
l  the  aggregate  $12,000.  He  concludes  by  saying,  "  In  my 
I  plans  1  have  not  laid  down  any  part  of  the  river  above  the  Os- 
wego falls,  where  there  is  no  necessity  for  improvement.  Ha- 
ving pursued  this  course  it  became  difficult  to  draw  a  con- 
,  necting  plan  of  the  outlet  of  Onondaga  lake.  I  hope  that  no 
.  disadvantage  will  result  from  it."  As  the  plans  exhibited  bj 
Ir.  Bates  are  incidentally  connected  with  the  grand  canal, 
,:c.  the  further  details  are  given,  see  page  490. 

On  the  3d  of  March,  the  comptroller,  in  obedience  to  the  Gth  scc- 
jionof  theact  "concerning  the  great  western  ami  northern  canal-." 
assed  April  7,  1819,  made  his  report  to  the  legislature.    From    Amount  **- 
lis  report  it  appears  that  the  canal  commissioners  from  the  20tli 1 ,'•  £ 
Wch,  1819,  (including  a  balance  then  in  their  hands,  together  Fcb  9* 
''ith  $553,420  SI  advanced  on  unsettled  contracts  amounting 
Dgether  to  £566,142  14)  to  the  29th  of  February,  1820,  had 
BCeived  $1,246,554  50,  and  had  duly  expended  the  same  e\ 
ept  $148,661  62,  still  to  be  accounted  fur,  but  according  to  the 
ouchers  exhibited,  the  balance  in  their  ham 
he  comptroller  as  only  #7,566  0  f . 


614 


CANAL  LAWS,  &c. 


1820.  XXXIII. 

AN  ACT 

To  amend  "  an  act  respecting  navigable  communications  between 
the  Great  Western  and  Northern  lakes  and  the  Atlantic  Ocean" 
passed  April  10>th,  1817,  and  for  other  purposes. 

Passed  March  30,  1820. 

«axTu* spended'  ^  ^€  ^  enac^  the  people  of  the  state  of  New-York,  repre- 
sented in  Senate  and  Assembly,  That  from  and  after  the  first' day 
of  April  next,  the  collection  of  the  tax  of  one  dollar  upon  each 
steam-boat  passenger  on  the  Hudson  river,  imposed  by  the  act 
above  mentioned,  shall  be  and  the  same  is  hereby  suspended  un- 
til the  payment  thereof  shall  become  necessary  to  the  redemption 
of  the  pledge  given  by  the  state  in  the  act  aforesaid,  so  far  as 
the  same  relates  to  the  loans  which  have  already  been  made  un- 
der the  said  act,  without  reference  to  any  loans  which  may  here- 
after be  made  under  the  same,  and  the  collection  thereof  directed 
by  law. 

And$5000an-  H.  And  he  it  further  enacted,  That  for  the  purposes  contern- 
?hlieu  thereof  plated  by  the  said  act,  in  lieu  of  the  tax,  the  payment  and  collec- 
tion whereof  is  above  suspended,  and  for  the  payment  of  the  in- 
terest and  final  redemption  of  the  principal  of  the  sums  borrowed 
or  to  be  borrowed  by  virtue  of  the  said  act,  there  shall  be  and 
hereby  is  appropriated  and  pledged  five  thousand  dollars  annu- 
ally ;  and  it  shall  be  the  duty  of  the  president  and  directors  of 
the  North  river  steam-boat  company,  and  they  are  hereby  requir- 
ed, in  each  and  every  year  during  the  continuance  of  their  char- 
ter, and  as  long  as  the  payment  and  collection  of  the  said  tax 
shall  remain  suspended  as  aforesaid,  on  or  before  the  first  day 
of  January,  to  pay  into  the  treasury  of  this  state  the  sum  of  five 
thousand  dollars  ;  and  in  case  of  any  neglect  or  refusal  in  paying 
over  to  the  treasurer  of  this  state,  the  said  sum  of  five  thousand 
dollars  annually,  the  said  president  and  secretary  and  the  com- 
pany incorporated  under  the  name  and  style  of  "  The  North  Ri- 
Penaliy  andver  Steam-Boat  Company,"  shall  forfeit  and  pay  the  sum  of  oik 
forfeiture.  thousand  dollars,  besides  the  amount  so  directed  to  be  paid  over 
to  be  recovered  in  an  action  of  debt  in  the  name  of  the  people  o 
this  state,  and  for  the  use  of  the  aforesaid  fund  ;  and  the  owner.1 
of  stock  in  such  company  shall  be  personally  responsible  fo; 
such  amount  and  the  penalty  also. 


1 

CANAL  LAWS,  toc«  &15 

III.  And  be  it  further  enacted,  That  the  commi.vsioner>  of  the  1?J0. 
Iland  office  be  and  they  are  hereby  directed  to  cause  to  be  sur-  v^-v-^' 
J  veyed  into  lots  of  such  size  as  they  shall  deem  for  the  interest  of  ^  1«Mt  |J£ 
I  the  state,  the  lands  owned  by  the  people  of  the  state  of  New-York,  jjJ^JJ 

I  in  the  tract  set  apart  for  the  use  of  the  salt  springs  in  the  county 
I  of  Onondaga,  except  such  parts  thereof  as  are  now  leased  under 
I  any  existing  laws  of  this  state,  and  such  other  parts  as  they  may 
i4  deem  it  expedient  to  reserve,  and  to  sell  the  same  in  the  manner 

■  that  unappropriated  lands  of  the  state  are  directed  to  be  sold,  in 
ft  such  parts  and  at  such  times  as  they  shall  judge  best  for  the  in- 
J'terest  of  the  state  ;  reserving  to  the  people  of  the  state,  in  all  sales 
t'of  land  made  under  this  act,  all  salt  springs,  salt  mines,  coal 
if' mines,  and  other  mines  and  minerals  upon  such  lands,  with  a 
I' right  to  enter  on  and  use  such  parts  thereof  as  may  be  necessary 
$  to  dig  or  work  such  mines  or  springs. 

IV.  And  be  it  further  enacted,  That  the  said  commissioners  afMrNadtH 
if  the  land  office  be  and  are  hereby  authorised  to  receive  surrenders 

■  of  the  leases  of  such  of  the  pasture  and  marsh  lots  as  the  present 
I  lessees  are  willing  to  surrender. 

W    V.  And  be  it  further  enacted,  That  the  said  commissioners  of^J^***" 
f  the  land  office  be  and  are  hereby  authorised  in  their  discretion,  to  other  lot?,  kc. 
Ml  obtain  by  compromise  the  surrender  of  such  of  the  marsh  lots  and 
I  pasture  lots  on  said  "tract,  as  in  their  opinion  may  be  necessary 
$f  for  the  future  growth  of  the  villages  on  said  tract,  and  for  the  ex- 
3  tension  of  the  manufactories  thereon,  and  to  cause  to  be  laid  out 
'  so  many  village  l*>ts  and  salt  manufacturing  lots,  with  such  addi- 
ml  tional  streets,  squares,  and  places  of  deposit  for  wood  and  bulky 
commodities,  as  in  their  opinion  the  future  growtli  and  accom- 
modation of  said  villages  and  the  extension  of  salt  manufactories 
may  require  ;  and  to  cause  the  said  village  lots  to  be  sold  in  the 
'  manner  provided  in  the  third  section  of  this  act :  Provided,  Thai  rr0Vi!Oi 
t  f  the  said  commissioners  shall  reserve  for  such  future  extension  of 
the  salt  manufactories,  such  marsh  and  uplands  adjacent  to  each 
;  of  the  salt  manufacturing  villages  on  said  tract,  as  in  their 
1  opinion  may  ever  be  necessary  or  useful  for  the  future  extension 
'  of  said  manufactories,  and  for  the  state  to  retain  in  their  hands, 
to  prevent  any  monopoly  of  the  ground  most  suitable  for  the 
erection  of  manufactories  of  salt. 

VI.  And  be  it  further  enacted,    That  the  monies  arising  from  Monies  appir- 
the  sales  of  any  lands,  by  virtue  of  this  act,  shall  be  paid  over  toj^J  t"8n^,, 
the  commissioners  of  the  canal  fund,  to  be  by  them  applied  to 


.510 


CANAL  LAWS,  &c; 


1820.  the  uses  for  which  such  fund  was  created  :  Provided,  That  the 
*— v- — '  legislature  may  at  any  time  hereafter  make  an  appropriation  of 
any  portion  of  the  proceeds  of  the  said  lands  for  the  improvement 
of  the  nav  igation  of  the  Oswego  river,  and  the  communication  be- 
tween the  Salina  branch  canal  and  the  Onondaga  lake. 
§25,000 appro-  VII.  And  be  it  further  enacted,  That  the  sum  of  twenty-five 
we-orivtr08  tnousand  dollars  arising  from  the  first  of  said  sales,  be  and  is 
hereby  appropriated  for  the  improvement  of  the  navigation  of 
Oswego  river,  under  the  direction  of  the  canal  commissioners 
and  it  shall  and  may  be  lawful  for  the  commissioners  of  the  ca 
nal  fund  forthwith  to  borrow  on  the  credit  of  the  fund  arising 
from  the  sales  of  said  lands,  at  a  rate  of  interest  not  exceeding 
six  per  cent,  per  annum,  the  sum  of  twenty-five  thousand  dollars, 
to  be  repaid  by  the  first  of  the  said  monies  arising  from  said 
sales  :  and  it  shall  be  the  duty  of  the  commissioners  of  the  canal 
fund,  as  soon  as  they  shall  have  so  borrowed  the  same,  to  pay  over 
the  same  to  the  canal  commissioners,  to  be  by  them  applied  i 
the  improvement  of  the  Oswego  river. 


3 


Extract  from  the  "  Act  for  the  payment  of  the  officers  of  gover 
ment  therein  mentioned."  . 

Passed  April  5,  1830. 

„    ,       .      <S  V.  And  be  it  further  enacted,  That  in  lieu  of  the  sala 

Canal  commis-      *  J  7 

eioners  each  ai-  now  allowed  by  law  to  the  canal  commissioners,  they  shall  be  sev- 
lont«  $*,ooo.  erayjy  aj]owe(j  an  annuaj  salary  of  two  thousand  dollars  from 
■Proviso.        anc*  aftertne  passing  of  this  act  :  Provided,  That  this  provision 
shall  only  extend  to  three  of  the  said  commissioners,  who  shall 
be  actually  engaged  in  the  superintendence  of  the  works  con- 
nected with  the  said  canals. 


An  act  concerning  the  Erie  and  Champlain  Canals. 

Passed  April  12,  1820. 
riutyofCorap-  I.  Beit  enacted  by  the  People  of  the  State  of  Neiv- York,  re- 
presented in  Senate  and  Assembly,  That  the  comptroller  is  here- 
by authorised  and  required  to  allow  the  canal  commissioners,  in 
the  settlement  of  their  accounts,  seventeen  hundred  and  seventy- 
five  dollars  and  three  cents,  it  being  the  sum  paid  by  said  com- 
missioners; for  interest  on  one  hundred  and  twenty-two  thousand 


CANAL  LAWS,  fee  ;,, ; 

I,   five  hundred  dollars,  borrowed  by  them  in  the  year  one  thousand  1820. 

.1,  eight  hundred  and  nineteen,  and  expended  in  making  the  Erie  v  *  ' 
1    and  Champlain  canals. 

II.  And  be  it  further  enacted,  That  whenever  the  damage!  to  to  bJTborrolr 
be  sustained  by  the  Western  inland  lock  navigation  company,  by  td* 

\   investing  in  the  people  of  this  state  all  the  lands,  waters,  canals, 

jj  jocks,  feeders,  and  appurtenances,  claimed  by  the  said  company, 
shall  be  appraised  and  determined,  in  the  manner  required  by  the 
fourth  section  of  the  act,  entitled  "  An  act  respecting  navigable 
communications  between  the  great  western  and  northern  lakes 

;  and  the  Atlantic  ocean,"  passed  April  fifteenth,  one  thousand 
eight  hundred  and  seventeen,  it  shall  be  the  duty  of  the  commw- 

j  sioners  of  the  canal  fund,  in  addition  to  the  sums  which  they  are 
now  authorised  annually  to  borrow,  to  borrow  on  the  credit  of 
this  state,  at  a  rate  of  interest  not  exceeding  six  per  centum  per 

I  annum,  the  amount  of  said  damages,  and  the  expense  of  said  ap- 
praisal, and  also,  the  further  sum  of  one  hundred  and  twenty-two 
thousand  five  hundred  dollars,  when  required  by  the  canal  com- 

i  mjssioners,  to  be  expended  in  making  canals  during  the  present 
year,  for  which  monies  so  to  be  borrowed  certificates  of  stock 
shall  be  issued  in  the  manner  directed  by  the  first  section  of  said 
act. 

III.  And  be  it  farther  enacted,  That  one  fourth  of  the  monies  .  . 

Appropriation 

to  be  applied  in  constructing  the  said  canals  shall  be  appropria-  of  ceru:n  ■  h 
ted  towards  the  construction  of  the  Champlain  canal,  and  the  re- 
maining three  fourths,  one  half  towards  the  western  section  of  the 
Erie  canal,  and  the  remaining  half  towards  the  eastern  section 
of  the  said  Erie  canal:  Provided  however,  That  the  canal  com- 
missioners shall  be  authorised,  out  of  the  said  monies,  to  com- 
plete and  keep  in  repair  such  parts  of  the  canals  as  have  been  in 
part,  or  wholly  finished  :  And  provided  further,  That  in  case  the 
respective  amounts  above  appropriated,  should  prove  more  than 
can  be  judiciously  expended  on  the  said  different  sections,  it  shall 
be  the  duty  of  the  commissioners,  especially  charged  with  the 
superintendence  of  such  section,  to  consent  to  the  expenditure 
thereof  on  the  other  sections. 


519  CANAL  LAWS,  kc. 

1820. 

^— v  '  AN  ACT 

For  the  maintenance  and  protection  of  the  Erie  and  Champlain 
Canals,  and  the  works  connected  therewith. 

Passed  April  13,  1S20. 

Provision  as  to  \,  Be  it  enacted  by  the  people  of  the  state  of  New-York,  re- 
new roads  and  t  °         A     x        J  •> 

bridges  presented  in  Senate  and  Assembly,  That  in  all  cases  when  a  new 
road  or  public  highway  is  laid  out,  by  legal  authority,  in  such  di- 
rection as  to  cross  the  line  of  the  Erie  canal,  Champlain  canal, 
or  the  Salina  side  cut,  after  said  line  is  established,  and  in  such 
manner  as  to  require  the  erection  of  a  new  bridge  over  either  of 
the  said  canals,  for  the  accommodation  of  said  road,  such  bridge 
shall  be  so  constructed  and  for  ever  maintained  at  the  expense  of 

Proviso.  tne  town  -n  wnjcn  sucij  bridge  is  to  be  situated  :  Provided  how- 
ever, that  no  bridge  shall  be  constructed  across  either  of  said 
canals,  without  first  obtaining  for  the  model  and  location  thereof, 
the  consent  in  writing  of  one  of  the  acting  commissioners,  or  the 
principal  engineer  of  the  canal  to  be  intersected  by  said  road  : 
And  provided,  that  if  any  person  or  persons  shall  undertake  t 
construct  or  locate  such  bridge  without  such  consent,  and  sh 
proceed  therein,  so  far  as  to  place  any  materials  for  that  pu 
pose  on  either  bank  of  the  canal,  or  on  the  bottom  thereof,  he  o 
they  shall  be  subject  to  a  penalty  of  fifty  dollars  for  such  under- 
taking, and  either  of  said  commissioners  or  engineers  shall  be 
authorized  to  remove  all  such  materials  so  soon  as  they  are  dis- 
covered, wholly  without  the  banks  of  the  canal. 

Riding  on  tow-    II.  And  be  it  further  enacted,  That  every  person  who  shall  lead, 

hib:ted!th  F°"  drive,  or  r^e  anv  norse?  ox?  ass?  mule,  or  other  cattle,  upon  the 
towing  path,  or  the  bank  opposite  to  the  towing  path,  of  either 
of  tlve  said  canals,  except  for  the  purpose  of  towing  boats,  or 
other  floating  things  upon  the  waters  thereof,  and  except  for  the 
purpose  of  conveying  articles  to  and  from  the  said  canals,  in  or- 
der to  their  transportation  on  the  waters  of  the  same,  or  their 
delivery  at  their  place  of  destination,  shall  forfeit  for  every  such 

Penalty.  offence,  the  sum  of  five  dollars,  and  pay  all  damages  consequent 
upon  such  offence  over  and  above  the  said  forfeiture  ;  and  in  case 
of  default,  in  the  immediate  payment  of  such  forfeiture,  after 
conviction  of  said  offence,,  such  person  or  persons  shall  be  liable 
to  imprisonment  in  the  gaol  of  the  county  where  such  offence 


<  ANAL  LAWS,  tt£ 


sliall  be  committed,  for  a  term  not  exceeding  thirty  days,  at  the  1830, 

discretion  of  the  court  before  whom  such  conviction  shall  be  had. v— —%  1 

III.  And  whereas  it  may  happen  that  the  said  canals,  or  the 
works  connected  therewith,  may  be  injured  by  unforeseen  acci- 
dents, whereby  the  navigation  may  be  interrupted,  and  the  l  auds 
adjacent  thereto  may  be  exposed  to  damage  ;  therefore,  Be  it   Vroy(w'°l  »» 
further  enacted,  that  for  the  speedy  reparation  of  such  injury,  that   •  1 

to    rnfer  oq 

whenever,  and  as  often  as  such  case  shall  happen,  it  shall  be  law-  l  pds. 
ful  for  the  said  commissioners,  or  either  of  them,  or  either  of  their  en- 
gineers, or  any  other  person  employed  by  either  of  them,  with 
carts,  wagons,  or  other  carriages,  with  their  beasts  of  draft  or 
burthen,  and  all  necessary  tools  and  implements,  to  enter  upon 
any  lands  contiguous  to  the  said  canals,  or  the  works  connected 
therewith,  and  to  dig  for,  work,  get  and  carry  away,  and  use  all 
such  stone,  gravel,  clay,  timber,  and  other  materials  as  may  be 
necessary  or  proper  in  their  opinion  for  such  reparation,  doing 
as  little  damage  thereby  as  the  nature  of  the  case  will  permit  : 
and  in  case  damages  shall  be  claimed  by  the  owner  or  owners  of 
any  land  entered  upon  for  the  purpose  of  obtaining  materials  as 
aforesaid,  and  the  said  commissioners,  or  either  of  them,  or  the  Dtaami 
principal  engineer  of  that  portion  of  either  of  said  canals  where  tc^tlw  - 
such  injury  mav  have  occurred,  cannot  agree  with  such  owner ccrlaincd- 
or  owners  as  to  the  amount  of  said  damages,  then,  for  the  pur- 
pose of  ascertaining  that  amount,  it  shall  be  lawful  for  either  of 
the  said  acting  commissioners,  or  for  such  engineer,  to  select 
one  discreet  freeholder  of  the  county  wherein  such  damages  may 
be  claimed,  and  such  owner  or  owners  another,  and  these  two 
freeholders  shall  select  a  third,  which  three,  after  being  severally 
sworn  before  any  person  authorised  to  administer  oaths,  faithful- 
ly and  impaitially  to  assess  said  damages,  shall  proceed  to  en- 
quire into  said  damages  ;  and  after  having  ascertained  the  same 
by  the  concurrent  Opinion  of  any  two  or  all  of  the  said  freehold- 
ers, they  shall  certify  the  same  in  writing  under  their  hands  and 
seals,  or  the  hands  and  seals  of  any  two  of  them  ;  and  the  amount 
of  damages  thus  certified  shall  be  paid  to  such  owner  or  owners 
by  the  said  commissioners,  within  ten  days  after  said  certificate 
shall  be  delivered  to  them,  or  as  soon  thereafter  as  they  shall  be 
in  funds  ;  and  proof  of  such  payment,  or  of  the  offer  of  BUCh 
payment  in  case  of  refusal  to  Deceive  the  same  on  the  part  of 
such  owner  or  owners,  shall  for  ever  discharge  the  said  commis- 
sioners and  their  engineer-,  and  all  person-  Employed  by  tfcejn 


5J0 


CANAL  LAWS,  &c 


1820.  from  all  claims  for  entering  upon  such  land,  and  taking  and 
v  v  *  using  materials  as  aforesaid  ;  and  in  case  the  amount  of  dama- 
ges certified  by  said  freeholders,  in  any  case,  shall  fall  short  of 
the  sum  offered  for  such  damages  by  said  commissioners  or  engi- 
neer previously  to  the  selection  of  said  freeholders,  then  the  cost 
of  all  proceedings  after  such  offer,  shall  be  deducted  from  the 
amount  of  damages  so  certified,  and  said  commissioners  shall  be 
required  to  pay  to  said  owner  or  owners,  no  more  than  the  resi- 
due of  said  damages  after  the  deduction  of  such  cost ;  but  in 
rase  the  amount  of  damages  so  certified  shall  exceed  such  pre- 
vious offer,  then  all  such  cost  shall  be  paid  by  said  commissioners 
over  and  above  the  damages  so  certified,  and  the  said  freehol- 
ders shall  each  be  entitled  for  his  services,  to  the  sum  of  one  dollar 
and  fifty  cents,  for  each  assessment  of  damages,  and  if  more  days 
than  one  are  required  to  ascertain  and  assess  said  damages,  then 
each  of  said  freeholders  shall  be  entitled  to  one  dollar  and  fifty 
cents  per  day,  for  every  day  thus  required. 
Duty  of  boat-     jy.  And  be  it  further  enacted.  That  every  boatman  or  other 

men  in  passing  ,  .... 

tbrou-h a  lock,  person,  having  charge  of  any  boat,  or  other  floating  thing,  upon 
either  of  the  said  canals,  which  shall  pass  through  any  lock 
thereon  in  descending  from  a  higher  to  a  lower  level,  shall,  pre- 
viously to  moving  his  boat,  or  other  floating  thing,  into  any  lock, 
shut  the  lower  gates  of  such  lock,  and  the  paddles  thereto  be- 
longing, before  he  shall  open  the  upper  gates,  or  draw  or  open  the 
paddles  thereof,  or  open  the  culvert  gates  of  the  head  of  said 
lock,  and  after  he  shall  have  moved  his  boat  or  other  floating 
thing  into  the  said  lock,  he  shall  then  shut  the  upper  gkes 
thereof,  and  the  paddles  thereof,  and  the  gates  of  the  culverts  be- 
longing to  the  head  thereof,  before  he  shall  draw  or  open  the 
paddles  of  the  lower  gates  thereof;  and  immediately  after  such 
boatman  or  other  person  shall  have  moved  his  boat  or  other 
floating  thing  through  any  lock  either  way,  and  shall  have  emp- 
tied such  lock,  he  shall  securely  shut  all  the  passages  for  water 
into  and  out  of  said  lock,  contrived  for  the  purpose  of  filling  or 
Boats  within  emptyW  the  same:  And  at  all  times,  boats  or  other  floating 

sigh*  of  each     .  .  .  ..  .. 

other,  &c,  things  going  up  the  said  canals,  if  within  sight  of  any  boat  or 
other  floating  thing  coming  down,  and  at  a  distance  not  exceed- 
ing one  hundred  yards  below  any  lock,  shall  pass  through  such 
lock  before  the  boat  or  other  floating  thing  above  such  lock, 
shall  come  down  :  and  if  there  shall  be  more  boats  or  other  float- 
ing  things  than  one  below  and  one  above  any  lock,  at  the  same 


CANAL  LAWS,  Sec. 


5JJ 


\rnalts 


time,  within  the  distance  aforesaid,  such  boats  or  other  iluat-  HJO. 

ing  things  shall  go  up  and  come  down  through  such  locks  by v  v— ' 

turns  as  aforesaid,  until  they  shall  have  passed  the  same,  in 
order  that  one  lock  full  of  water  may  serve  two  boats  or  other 
floating  things.  And  if  any  boatman  or  other  person  shall  of- 
fend against  either  of  the  provisions  of  this  section, he  shall  for- 
feit for  every  such  offence  the  sum  of  twenty-five  dollars. 

V.  And  be  it  further  enacted,  That  if  any  boat  or  other  float- a, 

ing  thing  shall  be  so  moored  in  either  of  the  said  canals,  as  to  ob-  ul  bo*ti'  Lc' 
struct  the  navigation  thereof,  or  if  any  person  or  persons  shall 
obstruct  the  navigation  of  either  of  the  said  canals,  by  means  of 
the  loading,  unloading,  misplacing  or  otherwise  misconducting 
any  boat  or  other  floating  thing,  and  shall  not  immediately,  upon 
being  requested  thereto  by  any  commissioner,  engineer,  super- 
intendent or  agent  employed  on  said  canals,  or  by  any  person 
incommoded  by  such  obstruction,  remove  the  same,  the  boat- 
man or  person  who  caused  said  obstruction,  shall  forfeit  for  eve- 
ry such  offence,  the  sum  of  twenty-five  dollars,  over  and  above  P«j«;»>- 
the  expense  of  removing  said  obstruction. 

VI.  And  be  it  further  enacted.  That  if  any  person  shall  obstruct  obitmctioo* 
the  navigation  of  either  of  the  said  canals,  by  sinking  any  ves-  JJJ'^f. *"r 
sel,  timber,  stone,  earth,  or  other  thing  or  things,  to  the  bottom  of 

either  of  said  canals,  or  by  placing  any  obstruction  on  the  tow- 
ing path  thereof,  or  on  the  bank  opposite  the  towing  path  there- 
of, such  person  shall  forfeit  for  every  such  offence,  the  sum  of 
twenty-five  dollars ;  and  in  case  such  forfeiture  is  not  paid  forth-  penai(y. 
with,  on  conviction  of  such  offence,  such  conv  ict  shall  be  impris- 
oned in  the  gaol  of  the  county  where  such  offence  may  be  com- 
mitted, upon  the  warrant  of  any  court  before  whom  such  con- 
viction may  be  had,  for  the  term  of  one  calendar  month. 

VII.  And  be  it  further  enacted,  That  if  any  person  or  persons  o  ■*>■  mUk  ■ 
shall  wantonly  or  unnecessarily  open  or  shut,  or  cause  to  be"  ' 
opened  or  shut,  any  lock  gate,  or  any  paddle  or  culvert  gate** 
thereof,  or  any  waste  gate,  or  drive  any  nails,  spikes,  pins  or 

wedges  into  either  of  the  said  gates,  or  take  any  other  mode  ot 
preventing  the  perfect  and  free  use  of  either  of  the  said  gates, 
or  shall  wantonly  or  maliciously  break,  throw  down  or  destroy 
any  bridge  or  fence,  on  either  of  the  said  canals,  such  person  Of 
persons  shall,  for  every  such  offence,  forfeit  the  sum  of  fifty  dol-  r> 
lars,  and  be  imprisoned  in  the  gaol  of  thf»  county  where  MCh  of- 
fence maybe  committed,  upon  the  warrant  of  the  courr  ta  fort 

OG 


522 


CANAL  LAWS,  &c. 


1820.    whom  a  conviction  for  such  offence  shall  be  had,  for  a  term  not 

D^XS  *ess  t*ian  one'  nor  more  tnan  tnree  calendar  months, 
any  lock.b'ank,  VIII.  And  be  it  further  enacted,  That  if  any  person  or  per- 
sons  shall  wilfully  and  maliciously  break,  throw  down  or  destroy 
any  lock,  bank,  waste-weir,  dam,  aqueduct  or  culvert,  belonging 
to  either  of  the  said  canals,  such  person  or  persons  shall,  for  ev- 
ery such  offence,  pay  all  the  damages  arising  from  such  break- 
ing, throwing  down  or  destroying,  and  on  conviction  thereof,  be- 
fore any  court  of  general  sessions  of  the  peace,  or  court  of  oyer 
Penalty.  an(j  termmer  t0  be  held  in  the  county  where  such  offence  may 
be  committed,  shall  be  sentenced  to  imprisonment  in  the  state 
prison,  at  hard  labor,  for  any  term  not  less  than  three  years,  in 
the  discretion  of  the  court  before  whom  such  conviction  shall  be 
had. 

Boats  raeet-  IX.  And  be  it  further  enacted,  That  in  all  cases  where  any 
e"?  °ne  an°th  boat  or  other  floating  thing,  in  passing  on  either  of  the  said  ca- 
nals, shall  meet  with  any  other  boat  or  other  floating  thing,  it 
shall  be  the  duty  of  the  boatman  or  person  having  charge  of  each 
of  said  boats,  or  other  floating  things,  to  turn  out  to  the  right 
hand,  so  far  as  to  give  to  each  other  a  free  passage,  or  as  to  be 
wholly  on  the  right  side  of  the  centre  of  the  canal;  and  in  all 
eases  when  any  boat  or  other  floating  thing,  shall  approach  any 
place  on  either  of  the  said  canals,  which  is  less  than  thirty  feet 
wide  at  the  top  wrater  line,  or  which  will  not  safely  permit  their 
passing,  it  shall  be  the  duty  of  the  boatman  or  person  having 
charge  of  the  boat,  or  other  floating  thing,  going  from  the  navi- 
gable waters  of  the  Hudson  river,  to  wait  at  such  distance  from 
such  narrow  place  as  may  be  convenient  for  the  boat  or  other 
floating  thing,  going  towards  the  said  navigable  waters,  to  pass 
through  the  said  narrow  place,  until  such  passage  is  effected ; 
and  every  boatman  or  other  person  violating  either  of  the  pro- 
visions of  this  section,  shall  forfeit  for  every  such  offence,  the 
sum  of  ten  dollars. 

IVot  *o  move  X.  And  be  it  further  enacted,  That  no  boat  or  other  floating 
miles  dn  hour,  thing  shall  be  permitted  to  move  on  either  of  the  said  canals, 
unless,  without  permission  in  writing  of  a  majority  of  the  canal  commis- 
sioners, faster  than  at  the  rate  of  five  miles  an  hour ;  and  that 
in  all  cases  in  which  a  boat  intended  and  used  chiefly  tor  the 
carriage  of  persons  and  their  baggage,  shall  overtake  any  boat 
or  other  floating  thing,  not  intended  or  used  chiefly  for  such 
purpose,  it  shall  be  the  duty  of  the  boatman  or  person  having 
charge  of  the  latter,  to  give  the  former  every  practicable  facility 


CANAL  LAWS,  fee. 

for  passing;  and  whenever  it  shall  become  necessary  far  that  pur-     1 820. 

pose,  to  stop,  until  such  boat  for  the  carriage  of  passengers  shall  *  „  ' 

have  fully  passed  ;  and  every  boatman  or  other  person  who  shall 
offend  against  any  part  of  this  section,  shall  forfeit  for  every 
such  offence,  the  sum  of  ten  dollars. 

XL  And  be  it  further  enacted,  That  no  person  shall  construct  Wb»rTe.n<*to 
any  wharf,  basin,  or  watering  place  on,  or  make  and  apply  any  beco,ttln,c,ed' 
device  whatever,  for  the  purpose  of  taking  water  from  either  of 
the  said  canals,  without  first  obtaining  permission  therefor,  of 
one  of  the  acting  commissioners,  or  of  the  principal  engineer  of 
the  canal  where  such  wharf,  basin,  watering  place,  or  device  as 
aforesaid  is  desired,  in  writing ;  and  if  any  person  shall  oil'end 
against  this  section,  by  attempting  to  make  any  such  construc- 
tion or  apply  such  device,  without  such  permission,  or  shall  not 
conform  to  the  directions  of  the  acting  commissioner  or  engineer 
who  may  give  such  permission,  in  respect  to  the  location  and 
size  of  such  wharf,  basin,  watering  place,  or  device  as  aforesaid, 
such  person  shall,  for  every  such  offence,  forfeit  the  sum  of  twen- 
ty-five dollars  ;  and  the  said  acting  commissioner,  or  engineer,  p,nal-" 
shall  be  authorised,  at  the  expense  of  the  person  thus  attempting, 
to  remove  and  destroy  every  such  wharf,  ba^in,  watering  place, 
or  device  as  aforesaid. 

XII.  And  be  it  further  enacted,  That  if  any  agent,  toll  col-  A^mt  di«?ms. 
lector,  lock-keeper,  or  superintendent  employed  on  either  of  the  derbwA™ pa- 
llid canals,  and  occupying  any  house,  office,  building,  or  land  i,rePer,-v' 
belonging  thereto,  shall  be  discharged  from  his  employment  by 
either  of  the  acting  commissioners  on  said  canals,  and  shall  not 
deliver  up  the  possession  of  such  house,  office,  building,  or  lands 
and  their  appurtenances,  together  with  all  the  books,  papers,  and 
other  matters  and  things  belonging  to  the  said  canals,  within 
seven  days  next  after  notice  of  such  discharge  shall  be  given  to 
him,  or  left  at  such  house,  ollice  or  building ;  or  if  the  wife  or 
family  of  any  such  agent,  toll  collector,  lock-keeper  or  superin- 
tendent, who  shall  die  in  either  of  said  employments,  shall  refuse 
to  deliver  up  the  possession  of  such  a  house,  office,  building,  or 
lands  and  appurtenances,  together  with  the  books,  papers,  and 
other  matters  and  things  belonging  to  either  of  the  said  canals, 
in  his,  her,  or  their  custody,  power  or  possession,  within  seven 
days  after  another  person  shall  have  been  appointed  in  the  place 
and  stead  of  the  person  so  dying,  then,  and  in  either  of  those  ca- 
ses, it  shall  he  lawful  for  any  justice  of  the  pear.-  in  Hie  count) 


524 


CANAL  LAWS,  Sec. 


1820.  where  such  house,  office,  building,  or  lands  shall  be,  and  he  is 
£      f.       hereby  required,  by  warrant  under  his  hand  and  seal,  to  order 

Duty  ol  justi- 

ces'incase  of  any  constable  or  other  peace  officer,  with  such  assistance  as  may 
be  necessary,  to  enter  such  house,  office,  building,  or  upon  such 
land,  in  the  day  time,  and  remove  the  persons  who  shall  be  found 
therein,  together  with  their  goods  and  chattels,  out  of  such  house, 
office,  building,  and  off  from  such  land,  and  to  take  possession 
of  all  the  books,  papers,  matters  and  things  belonging  to  said 
canals,  and  to  deliver  possession  of  the  same  to  the  new  appoint- 
ed agent,  toll  collector,  lock-keeper  or  superintendent. 
Tonnage  bow  XIII.  And  be  it  further  enacted,  That  the  tonnage  of  all  arti 
tobeascer-    cles  conveyed  on  either  of  the  said  canals,  on  which  toll  maybe 

tained.  J  '  ,  J 

charged  therefor,  shall  be  ascertained  and  charged  according  to 
the  real  weight  thereof,  and  that  one  hundred  and  twelve  pounds 
weight  avoirdupois  shall  be  deemed  and  taken  as  and  for  one 
hundred  weight ;  and  in  case  any  difference  shall  arise  between 
any  collector  of  the  said  rates,  and  the  boatman  or  other  person 
having  charge  of  such  articles,  or  the  owner  thereof,  concerning 
the  weight  thereof,  it  shall  be  lawful  for  any  such  collector  to 
XJowerto«top  st0P  anc*  detain  sucn  articles,  together  with  the  vessels  in  which 
vessels,        they  may  be  contained,  and  to  weigh  the  same  ;  and  if  upon  such 
weighing,  the  said  articles  shall  be  found  to  weigh  more  than 
the  accouut  given  thereof  by  such  boatman,  person  or  owner, 
then  it  shall  be  lawful  for  such  collector  to  charge  toll  for  said 
articles  according  to  their  weight  thus  found  ;  and  such  boat- 
man, person  or  owner,  shall  pay  the  expenses  of  such  weighing, 
Expense  of     at  tne  rate  °f  twelve  and  a  half  cents  for  every  ton  weighed,  to 
weighing.      tj)e         collector,  who,  in  case  of  refusal  to  pay  the  same  on 
demand,  by  such  boatman,  person  or  owner,  shall  be  authorised 
to  levy  the  said  expenses  in  the  same  manner  as  is  hereinafter 
provided  in  case  of  refusal  to  pay  toll. 

XIV.  And  be  it  further  enacted,  That  in  all  cases  where  toll  is 
^eeneboatSn^en  charged  by  the  number  of  articles  conveyed,  or  by  the  number 
and  collector.  Qf  feet  contained  therein,  if  any  difference  shall  arise  between 
any  collector  of  the  said  toll  and  the  boatman  or  person  having 
charge  of  such  articles,  or  the  owners  thereof  it  shall  be  lawful 
for  any  such  collector  to  stop  and  detain  such  articles,  together 
with  the  vessels  in  which  they  may  be  contained,  and  to  count  or 
measure  the  same ;  and  if  upon  such  counting  or  measurement, 
it  shall  be  found  that  the  said  number  of  feet  exceed  the  account 
given  by  such  boatman,  person  or  owner,  then  it  shall  be  lawful 


CANAL  LAWS,  kr. 

for  such  collector  to  charge  toll  according  to  the  number  and  feet  1820. 

thus  found  ;  and  such  boatman,  person  or  owner,  shall  pay  the  1  v  ~* 

expense  of  such  counting  or  measurement  at  the  rate  of  six  cents 
a  piece  for  such  articles  as  pay  toll  by  Dumber,  and  twelve  and  B 
half  cents  per  hundred  feet  for  such  articles  as  pay  l>\  the  foot, 
for  all  the  articles  so  counted  or  measured,  to  such  collector,  who, 
in  case  of  refusal  to  pay  the  same  on  demand,  by  such  boatman, 
person  or  owner,  shall  be  authorised  to  levy  the  said  expenses  in 
the  same  manner  as  is  hereinafter  provided  in  case  of  refusal  to 
pay  toll. 

XV.  And  be  it  further  enacted,  That  no  boat  or  vessel  of  any     flawm  0f 
description  shall  be  permitted  to  pass  through  any  lock  on  ei-  JJJJjfcd  theW 
ther  of  the  said  canals,  unless  such  boat  or  vessel  shall  have on- 
painted  in  large  letters,  near  the  head  or  stern  thereof,  and 

above  the  water  when  full  laden,  the  name  of  such  boat  or  ves- 
sel,-and  the  place  where  the  same  is  owned  ;  and  every  boat  or     ^  ^ 
vessel,  except  those  used  exclusively  for  the  carriage  of  persons  itraps, 
and  their  baggage,  shall  have  fixed  on  each  side  thereof  two 
metallic  straps,  one  near  the  head  and  one  near  the  stern,  ex- 
tending from  below  the  surface  of  the  water  when  empty,  to 
above  the  surface  of  the  water  when  full  laden,  which  straps 
shall  each  be  so  graduated  and  marked  as  distinctly  to  show  the 
amount  of  tons  weight  contained  in  said  boat  or  vessel  ;  and 
every  person  who  shall   attempt  to   pass  any  boat  or  vessel  ?cnei'^ 
through  any  lock,  or  shall  introduce  any  boat  not  named  and 
graduated  as  aforesaid,  into  either  of  the  said  canals,  in  violation 
of  this  section,  after  the  first  day  of  September  next,  shall  forfeit 
for  every  such  offence  the  sum  of  twenty-five  dollars. 

XVI.  And  be  it  further  enacted,  That  no  person  navigating  ei-  Setting  polra. 
ther  of  the  said  canals  shall  be  permitted  to  use  therein  any  set-  &c.  prohibited, 
ting  pole,  or  shaft  pointed  with  iron  or  other  metal ;  and  if  any 

person  shall  offend  against  this  section,  he  shall  for  every  such 
offence  forfeit  the  sum  of  five  dollars ;  and  it  shall  be  the  duty 
of  the  lock-keeper  to  take  such  pole  or  shaft  so  found. 

XVII.  And  be  it  further  enacted,  That  every  boatman  or  person  Billj  of  lafliI1, 
having  charge  of  property  moving  on  either  of  the  said  canals, 

shall  give  to  such  persons  as  may  be  duly  authorised  to  collect 
tolls,  at  the  place  where  such  collector  shall  attend  for  that  pur- 
pose, a  just  account  or  bill  of  lading  in  writing,  signed  by  the 
person  or  persons  sending  or  conveying  such  property,  or  by  bis 


CANAL  LAWS,  &c. 


1820.     or  their  clerk  or  agent,  which  account  shall  contain  a  statement 

v      v  ;  Q£  tjje  wejgnt  0f  au  the  property  on  which  toll  is  charged  by  the 

ton,  and  of  the  number  of  articles  on  which  toll  is  charged  by 
the  number,  and  of  the  feet  of  articles  on  which  toll  is  charged 
by  the  foot ;  and  in  all  cases  where  a  difference  in  the  rate  of 
toll  is  charged  on  different  articles,  the  weight  or  quantity  of 
each  specifically  set  forth  ;  and  it  shall  contain  a  statement  of 
the  place  from  which  such  property  is  brought,  and  where  the 
same  is  intended  to  be  landed  ;  and  in  case  any  boatman  or  per- 
son having  charge  of  any  property  as  aforesaid,  shall  neglect 
or  refuse  to  give  such  account  when  thereto  requested  by  any 
such  collector,  or  shall  wilfully  and  knowingly  give  a  false  ac- 
count, or  deliver  any  part  of  such  property  at  an}'  other  place 
than  that  mentioned  in  said  account,  or  shall  wilfully  do  any 
other  act  whereby  the  payment  of  said  toll  or  any  part  thereof 
shall  be  avoided,  or  if  the  person  required  to  sign  such  account 
Penalty.  shall  sign  a  false  account  of  such  property,  every  person  so  of- 
fending shall  forfeit  for  every  such  offence  the  sum  of  twenty- 
five  dollars. 

Collectors  may  XVIII.  And  be  it  further  enacted,  That  any  collector  of  toll  duly 
stop  boats.  authorised  by  the  canal  commissioners,  may  stop  and  detain  all 
boats  and  other  property  floating  on  either  of  the  said  canals, 
until  the  boatman  or  person  having  charge  thereof,  or  the  owner 
thereof,  shall  pay  the  toll,  or  may  distrain  any  part  of  the  said 
property  sufficient  to  satisfy  the  same,  which  distress  shall  be 
kept  by  the  collector  of  tolls  taking  the  same  for  the  space  of 
eight  days,  and  afterwards  be  sold  at  public  auction  at  the  place 
where  such  tolls  are  usually  receivable,  to  the  highest  bidder, 
rendering  the  surplus  on  demand,  if  any  there  be  after  payment 
of  the  said  toll  and  the  cost  of  distress  and  sale,  to  the  owner  or 
owners  thereof. 

Dama^eidone  XIX.  And  be  it  further  enacted,  That  for  all  damages  done  to 
covered  °W  ""either  of  the  said  canals,  or  any  of  the  works  connected  therewith, 
either  of  the  acting  commissioners  or  principal  engineers  shall 
be  authorised  to  sue  in  any  court  jof  competent  jurisdiction ; 
and  if  a  verdict  or  judgment  shall  be  given,  either  on  proof 
made,  or  by  default,  or  upon  demurrer,  against  any  person  or 
persons,  for  such  damages,  the  plaintiff  shall  recover  the  same, 
with  full  costs  of  suit ;  and  in  all  cases  in  which  suits  are  brought, 
it  shall  be  the  duty  of  the  canal  commissioners  to  have  accurate 
accounts  kept  of  the  amount  of  recoveries  and  of  costs  and  ex- 


CANAL  LAWS,  fee 


•  >J7 


penses,  and  after  deducting  the  said  costs  and  expenses  from  I82Q. 

said  amount,  to  pay  the  residue  of  said  recoveries  over  to  the  *  v  * 

commissioners  of  the  canal  fund. 

,    XX.  And  be  it  further  enacted,  That  the  canal  commissioners    Rat^sof  toll, 
shall  be  authorised  to  establish  the  rates  of  toll  to  be  paid  on  •i  j£Lu,0,i* 
articles  conveyed  on  either  of  the  said  canals  in  any  manner,  7  ;l,  ,  f  t"c<  '- 
and  to  erect  all  such  toll-houses,  weighing  scales,  office*  and 
other  edifices,  and  purchase  such  ground  for  the  convenience 
thereof  as  they  may  think  necessary  for  the  convenient  and  pro- 
fitable use  of  the  said  canals,  at  such  times  and  places  as  they 
may  deem  proper;  and  that  they  shall  be  authorised  from  time  Vtwi 
to  time  to  make  all  such  rules  and  regulations  in  respect  to  the  1  1 
collection  of  toll  and  the  payment  thereof  to  the  commissioners 
of  the  canal  fund,  in  respect  to  the  size  and  structure  of  boats, 
rafts,  and  other  floating  things  on  the  waters  of  each  of  the  said 
canals,  and  in  respect  to  all  matters  in  any  way  connected  with 
the  navigation  thereof,  and  to  impose  such  forfeitures  of  money 
for  the  breach  of  such  rules  and  regulations,  as  they  may  deem 
reasonable  from  time  to  time,  provided  said  forfeiture  shall  in  no 
one  case  exceed  the  sum  of  twenty-five  dollars. 

XXT.  And  be  it  further  enacted.  That  in  all  cases  in  which  it  AH  ra<  a 
shall  be  deemed  necessary  by  the  principal  engineer,  in  laying 
out  the  line  of  the  Erie  and  Champlain  canals,  or  any  work  con- 
nected therewith,  to  discontinue  or  alter  any  part  of  a  public  road 
or  highway,  on  account  of  its  interfering  with  a  proper  location 
or  construction  of  either  of  said  canals,  such  engineer  shall  be 
authorised  to  make  such  discontinuance  or  alteration ;  and  upon 
his  drawing  up,  in  writing  and  figures,  a  true  description  of  all 
such  parts  of  any  public  road  or  highway  as  be  may  discontinue 
and  new-lay  on  the  account  aforesaid,  and  filing  the  same  in  the 
clerk's  office  of  the  town  in  which  such  discontinuance  and  altera- 
tion may  be  situated,  the  same  shall  be  lawful :  Provided,  however,  rroviir 
That  the  canal  commissioners  shall,  before  they  obstruct  the  pas- 
sage on  any  part  of  a  highway  now  legally  established,  open  and 
reasonably  work,  in  order  to  render  it  passable,  such  part  of  said 
highway  as  maybe  new-laid  by  said  engineer  as  aforesaid;  and 
the  certificate  of  said  engineer  in  writing,  that  the  part  of  any 
highway  new  laid  as  aforesaid,  is  opened  and  reasonably  worked 
as  aforesaid  by  said  canal  commissioners,  shall  be  sufficient  for 
their  justification ;  and  that  any  alteration  heretofore  made  by 
*nv  engineer  in  any  public  road  or  highway  on  either  of  the  said 


528  CANAL  LAWS,  &c. 

1820.  canals,  shall,  from  the  time  of  such  alteration,  be  deemed  lawful 
v  y*  f  tQ  ajj  |ntents  an(j  purposes. 

Fn^ineers  not  XXII.  And  be  it  further  enacted.  That  no  acting  commission- 
to  be  taken  bjer,  or  principal  or  assistant  engineer,  employed  on  either  of  the 
said  canals,  shall  be  liable  to  be  taken  by  warrant  in  any  civil 
suit  arising  out  of,  or  connected  with,  their  official  duties,  any 
law  to  the  contrary  notwithstanding ;  but  that  such  persons  may 
be  proceeded  against  by  summons  in  all  cases. 
Penalties  on-  XXIII.  And  be  it  further  enacted ',  That  all  penalties  and  for- 
how  sued  for.  feitures  created  by  this  act,  the  recovery  of  which  is  not  other- 
wise herein  specially  provided  for,  may  be  sued  for  and  recover- 
ed before  any  justice  of  the  peace  in  any  county  where  such  pe- 
nalty or  forfeiture  shall  accrue,  in  the  name  of  either  of  the  ca- 
nal commissioners,  principal  engineers,  or  any  collector  of  toll 
duly  appointed  by  said  commissioners,  who  are  hereby  respec- 
tively authorised  to  sue  for  and  recover  the  same  ;  and  the  amount 
of  such  penalties  and  forfeitures,  when  recovered,  shall  be  paid 
over  or  accounted  for  to  the  commissioners  of  the  canal  fund. 


Extract  from  "  An  act  to  enable  the  Mayor,  Aldermen  and  Com- 
"  monalty  of  the  city  of  Albany,  to  dispose  of  their  public  lands 
"  by  a  Lottery.1' 

Passed  April  14,  1820. 
Grand'wwid      ****  *^n^  ^e  ^ furt^er  enacted,  That  the  avails  of  the  sales  of 
appropriated.  Grand-Island,  when  the  same  shall  be  sold  by  the  direction  of 
the  legislature,  be  and  the  same  are  hereby  appropriated  to  the 
construction  of  the  Lake  Erie  and  Chanplain  canals. 


AN  ACT 
To  prevent  the  killing  of  Muskrats. 

Passed  April  13,  1820. 
Kiiiin«of       ^e  &  enacted  by  the  people  of  the  state  of  New-York,  repre- 
KiM*d ^except sen^  ^n  ^enaie  an&  Assembly,  That  if  any  person  shall  kill  or 
along  the  ca-  destroy  any  muskrat  between  the  first  day  of  May  and  the  first 
day  of  November,  in  any  one  year,  after  the  passing  of  this  act, 
he  shall  forfeit  and  pay  the  sum  of  one  dollar,  for  every  such  of- 
fence, one  moiety  thereof  to  the  person  who  shall  prosecute  for 
the  same,  and  the  other  moiety  to  the  use  of  the  poor  of  the  town 


CANAL  LAWS,  fcc. 


029 


hi  which  the  said  offence  shall  be  committed;  which  said  penalty  1820. 

shall  be  recovered  in  an  action  of  debt,  before  any  court  having v  v — 1 

cognizance  thereof,  with  cost  of  suit :  Provided  always,  That  this  proviso, 
act  shall  not  extend  to  the  killing  of  any  muskrat,  within  the  time 
aforesaid,  along  the  line  of  any  canal  or  artificial  dam  or  embank- 
ments whatsoever. 


67 


i. 


An  examination  of  the  country  for  a  Canal,  from.  Rome  (o  IVaf-  >- 
ford,  on  the  north  side  of  the  Mohawk  river,  November,  1811, 
by  Benjamin  Wright. 


INSTRUCTIONS. 


The  following  instructions  were  received  under  inclosure,  from 
Simeon  De  Witt,  Esq.  Surveyor  General. 


(copy.) 


.  "  Ithas  occurred  to  us,  nevertheless,  that  the  face  of  the  country  appendix. 


been  able  to  obtain,  it  appears  that  a  descent  of  six  inches  on  a  SorwjorG 
mile,  will  give  to  a  canal  of  the  size  contemplated,  a  rapidity  of P™  * 
one  mile  per  hour  ;  which,  all  circumstances  considered,  may  be 
needful  to  take  in  sufficient  water  for  such  long  communications 
so  as  to  furnish  (after  supplying  the  waste  of  absorption  and  evap- 
oration,) the  needful  expenditure  for  lock-. 

With  these  impressions,  we  are  to  request,  sir,  that  you  will 
have  the  goodness  to  employ  an  intelligent  man,  with  the  pro- 
per assistants  to  proceed  from  the  canal  at  Home,  along  tin- 
north  side  of  the  Mohawk,  giving  the  above  descent  of  six  inches 
at  the  end  of  every  mile  of  length  to  which  the  level  may  run  ; 
but  to  consider  an  aqueduct  over  a  stream  and  over  a  ravine 
also  (if  heading  it  would  make  the  route  unreasonably  circuitous) 
as  necessary,  and  therefore  not  to  calculate  more  descent  than  the 
distance  across,  by  aqueducts  at  convenient  places,  won  Id  re- 
quire. This  level,  or  to  speak  more  correctly,  this  inclined  plane, 
should  be  carried  on  eastward,  to  the  slope  of  ground  which  de- 
scends to  Hudson's  river,  and  then  on  the  east  side  of  that  slope, 
to  near  Waterford. 

There  is  in  this  view  of  the  subject,  another  course  which  we 
deem  it  important  to  run.  In  that  just  described,  it  is  presumed, 
that  before  the  canal  shall  get  opposite  to  Schenectady,  it  will 
have  reached  the  elevation  of  ground  which  lies  north  of  that  vil- 
lage, and  that,  with  little  elevation,  a  course  may  be  found  run- 


m  CANAL  LAWS,  &e. 

APPENDIX,  aijig  northward  toward  the  Kayaderosseras  creek.  This  stream 
will  furnish  a  supply  of  water  to  keep  on  still  further,  in  a  north- 
erly course  towards  Glen's  Falls.  Whereabouts  the  level  will 
strike  Hudson's  river,  is  uncertain  ;  but  it  is  not  improbable  that 
the  elevation  would  be  sufficient,  if  a  proper  crossing  place  were 
found,  to  extend  over  to  the  navigation  of  lake  Champlain  :  at  any 
rate,  if  it  reached  only  to  the  great  bend  of  the  Hudson  river,  it 
would  come  within  a  few  miles  of  Lake  George,  so  that  probably 
from  twelve  to  fourteen  miles  of  land  carriage  by  rail-ways, 
would  connect  the  lower  end  of  Lake  Champlain  with  the  tide 
navigation  of  the  Hudson." 

The  above  is  an  extract  of  a  letter  from  Governeur  Morris  t 
me. 

(Signed,)  S.  DE  WITT. 

For  Benj.  Wright,  Esq. 


Note. — In  making  this  examination-,  I  have  not  taken  any  course 
or  distances  on  the  whole  route,  having  formerly  traversed  by  courses 
and  distances,  the  Mohawk  river,  from  Rome  to  Schenectady.  The 
river  is  correctly  laid  down  on  the  maps,  and  the  turnpike  and  track  c 
the  canal,  or  line  of  level,  is  laid  down  as  accurately  as  could  be  don 
with  the  eye,  compared  with  the  river. — B.  Wright. 


MR.  WRIGHT'S  REPORT,  &c. 

In  pursunnce  of  the  foregoing  instructions,  I  proceeded  from  t 
ievel  or  surface  of  water  in  the  canal*  at  Rome,  when  the  can 
was  at  its  usual  height ;  and  the  observations  are  entered  again 
each  mile  of  the  route. 

Mile  1st.        First  Mile.    Beginning  at  the  canal,*  at  the  point  a,  Map  No. 

1 ,  and  following  the  red  line  by  a,  to  the  Mohawk  river  over  rich 
bottom,  the  surface  of  which  is  5  or  6  feet  above  the  level  of  wa- 
ter in  the  canal.*  After  passing  the  river,  (the  bottom  of  wbich 
is  five  feet  below  the  surface  of  the  canal,*  )  the  line  passes  over 
rich  bottom,  and  passing  over  the  canal  of  Mr.  Lynch, f  the  sur- 
face of  which  is  5  feet  9  inches  higher  than  the  navigable  canal,* 
and  the  ground,  until  the  swamp,  about  6  feet  6  inches  above  the 
last  mentioned  canal.*  After  coming  to  the  swamp,  the  surface 
is  about  4  feet  3  inches  above  the  canal,*  and  gradually  declines 
until  at  b,  the  surface  is  with  the  intended  level,  aud  the  line  of 
level  gains  gradually  on  the  hard  land,  which  is  gravelly,  and  a 
very  gentle  ascent  from  the  swamp. 

*  This  alludes  to  the  canal  made  by  the  Inland  lock  navigation  com- 
pany, under  the  acts  of  1792  and  1795. 

$  A  canal  made  to  accommodate  his  mills,  &c. 


CAN  \L  LAWS,  . 


The  reasons  for  not  commencing  at  the  east  end  of  the  canal*  *PWH«30L 

near  the  lock,  and  passing  the  river  and  gain  the  hard  land,  vert,  *      v  1 

that  the  high  water  in  the  river  is  as  high  as  the  water  in  the  ca- 
nal,* and  I  did  not  see  any  way  to  pass  the  river,  for  want  of 
height,  to  permit  the  flood  to  pass  under  the  aqueduct. 

The  mill  canal, f  must,  (on  account  of  being  5  feet  9  iliriwi 
above  the  line  of  level,)  be  made  to  pass  under  the  intended  ca- 
nal, and  rise  below  it  again. 

Second  Mile.  On  the  second  mile,  the  line  pursues  along  the  Milt  : 
edge  of  the  hard  land,  near  the  swamp,  through  a  gravelly  soil, 
and  the  land  lying  with  a  very  gentle  descent  towards  the  swamp, 
and  covered  with  timber,  generally  maple,  beech  and  hemlock, 
well  calculated  for  every  purpose  of  a  canal,  being  out  of  the 
way  of  high  water  in  the  river.  We  are  close  upon  the  ed^e  of 
the  swamp,  and  about  2  feet  above  the  same,  into  the  hard  land 
at  the  end  of  this  mile,  a  bench  mark  near  \.  Armstrong's  house, 
which  was  a  stake  put  in  the  ground,  the  top  whereof  is  the  fare] 
of  the  line  I  am  pursuing. 

Third  Mile.  On  the  third  mile  the  line  pursues  along  the  M  •  3d. 
edge  of  the  hard  land,  gaining  gradully  higher  above  the  level 
of  the  swamp  on  the  right,  and  being  at  the  foot  of  a  hill  or  ele- 
vation of  land,  on  the  left.  The  ascent  of  the  hill,  where  the  lm«- 
of  level  passes,  being  very  gradual,  but  rising  more  abruptly  at 
a  little  distance  from  the  line.  The  soil,  some  loamy,  and  some 
part  gravelly,  w  ith  some  considerable  part  moist  by  springs  <>f 
water,  coming  out  of  the  hill,  the  whole  distance  is  in  timber  land, 
or  wooded  with  hemlock,  maple,  beech,  &c. 

Fourth  Mile.  The  line  here  passes  along  the  edge  of  some  clear-  A  -u 
ed  lields,  and  the  soil  appears  to  be  loam  and  gravel,  and  pastel 
where  the  descent  is  in  some  places  in  the  bank,  about  20  degree!  ; 
a  small  run  of  water  and  a  ravine,  but  very  little  emb.inkment 
and  aqueduct  are  necessary  to  cross  it  ;  length  about  .>  rods,  and 
6  feet  high,  the  ground  generally  excellent  for  the  purp<>>«'  in- 
quired. 

Fifth  Mile.  On  this  mile  1  found  no  difficulty,  the  soil  geuer-  M.ieSih. 
ally  excellent,  some  gravel  and  some  loamy  ;  and  the  descent  of 
the  hill  near  the  line  is  generally  gentle.  On  this  mile,  I  pass  the 
six  mile  creek,  about  10  or  12  rods  below  the  .aw  mill  of  D. 
Lynch.  The  line  of  level  will  pa>^  ov<  r  the  creek  b)  aqueduct 
S  f-"-  feet  above  the  same,  and  the  water  from  the  <tre;im  may  be 
made  to  feed  the  canal,  by  taking  it  from  the  pond  formed  by  the 
dam,  and  only  3  chains  above.  Perhaps  by  reason  of  there  be- 
ing so  little  height,  it  might  better  pass  through  the  pond,  which 


*  See  preceding  note. 
+  See  precedm-j;  note. 


-  534 


CANAL  LAWS,  kc. 


appendix.  js  nearly  on  the  line  of  level.    The  length  of  aqueduct  and  em- 
^    v      '  bankment^will  be  3  chains,  and  height  from  one  to  8  feet. 
Bench  mark  on  bank  line. 

Mile  6th.  Sixth  Mile,  good,  gravelly  and  loamy  soil,  some  part  passing 
over  rather  springy,  moist  land,  under  and  near  the  foot  of  a 
pretty  steep  hill — an  aqueduct  and  embankment  over  a  small 
stream,  3  chains  long,  and  5  feet  high — a  bench  mark  S.  near  the 
house  of  A.  Perry. 

Mile  7th.  Seventh  Mile  passes  on  very  level,  loamy  and  gravelly  soil, 
until  it  meets  with  the  Nine  Mile  creek,  which  it  will  strike  six 
chains  south  of  the  road  from  Rome  to  Deerfield ;  a  poplar  sap- 
ling with  a  notch  for  a  bench  mark,  on  the  west  bank  of  Creek. 
An  aqueduct  will  be  required  which  will  be  11  feet  high  from 
surface  of  water  in  the  creek,  and  an  embankment  across  a  flat 
7  feet  high  and  17  chains  long.  The  embankment  may  be  done 
away  by  winding  to  the  left,  and  crossing  the  creek  higher  up  ; 
this  would  be  circuitous,  and  also  pass  the  road  twice.  After 
the  embankment,  I  came  to  the  foot  of  a  hill  along  which  I  pur- 
sued crossing  a  small  run  of  water,  nearly  level  with  my  line. 

This  Nine  Mile  Creek  is  a  fine  stream  of  water,  and  may,  by 
a  side  cut  12  or  15  chains,  be  brought  to  feed  the  canal  ;  the 
ground  is  good  for  cutting  :  the  bottom  of  the  creek  gravelly. 

Mile  8th.  Eighth  Mile  pursues  along  near  the  foot  of  Oriskany  hill — 
a  hill  elevated  80  or  90  feet  above  my  line  of  level,  and  the  upper 
part  near  the  brink  very  steep,  and  becoming  more  gentle  as  you 
descend.  At  about  15  to  20  feet  above  my  line  of  level,  in  the 
side  of  the  hill,  a  great  number  of  springs  break  out  and  run 
down,  forming  a  swamp  below,  and  the  ground  all  along  the 
whole  of  this  mile  is  miry,  swampy,  or  springy  land,  although  it 
appears  but  shallow  before  coming  to  gravel  under  the  mud. — 
Against  the  great  bend  in  the  river  made  a  bench  mark  in  a  hem- 
lock stump,  by  the  side  of  an  old  fence — at  a.  (Map  II.) 

Mile  9th.  Ninth  Mile  pursues  along  the  foot  of  the  hill  mentioned  in  the 
last  mile  and  has  the  same  kind  of  wet,  springy  land,  the  whole 
distance ;  all  timbered  with  Maple,  Hemlock  and  Birch.  I  am 
here  elevated  about  23  feet  above  the  surface  of  water  in  the 
River  against  me. 

Mile  10th.  Tenth  Mile.  Along  the  same  hill  about  forty  chains  the 
hill  breaks  off,  and  I  come  to  Colbrath  Creek,  a  small  mill  stream 
on  which  there  is  a  mill  a  little  above.  This  steams  gives  but 
little  water  in  a  dry  season  ;  the  low  ground  about  the  stream  as 
also  the  stream  descends  pretty  fast,  and  a  little  bend  to  the  left 
will  pass  it  without  any  embankment.  I  should  however  pass  it 
nearly  straight,  and  raise  an  embankment  of  3  or  4  four  feet, 


CANAL  LAWS,  U'. 


about  10  chains — at  this  place  made:  two  bench  marks  on  trees,  ^PfESlDUL 
one  on  each  side  the  creek.  After  gaining  the  hard  land  east  of  ^^^^^^ 
the  creek,  which  is  gravelly  and  a  very  easy  descent  south,  I  pur- 
sue along  it  and  pass  about  8  rods  south  of  Camp's  Inn,  and 
near  a  fence  put  down  a  stake  ;  after  passing  Camp's  the  linr 
pursues  over  very  fine  level  ground,  loamy  and  gravelly  to  the 
end  of  the  mile  near  N.  Foster's. 

Eleventh  Mile.    Over  a  tract  of  very  fine  loamy  soil,  and  with    U  1 
a  very  gentle  descent  towards  the  river.    At  about  50  chaini  on 
this  mile  a  run  of  water,  where  an  aqueduct  and  embankment 
will  be  required  7  chains  long  and  S  feet  high  :  passing  behind, 
or  north  of  the  house  of  S.  Dyer,  where  there  are  a  lew  rodfl  diti 
tance  the  surface  of  which  is  3  or  4  feet  above  the  line  of  level ;  . 
the  end  of  the  11th  mile  will  be  near  the  fork  of  a  road  cast  of 
S.  Dyer. 

Twelfth  Mile.  Over  the  same  level  loamy  soil  to  a  small  run  Wh  R  - 
of  water  where  an  aqueduct  and  embankment  will  be  required  4 
chains  long  and  11  1-2  feet  high,  and  passing  from  N.  to  south 
side  of  the  road  over  same  loamy  land  to  near  the  end  of  this 
mile,  it  will  enter  a  hemlock  swamp,  and  the  end  of  this  mile 
will  be  in  this  swramp,  very  thick  with  wood. 

Thirteenth  Mile.  Nearly  2-3  of  the  distance  on  first  part  of  this  Mile  I3tb. 
mile  a  hemlock  and  cedar  swamp  level,  and  with  the  exception  of 
roots,  trees  and  soft  bottom,  good  for  a  canal ;  in  the  swamp  ;» 
run  of  water  which  may  be  admitted  into  the  canal,  as  it  rise> 
from  springs  near  at  hand,  and  will  bring  down  no  alluvion  ; 
after  out  of  swamp,  a  very  fine  level  ground  to  end  of  mile. 

Fourteenth  Mile.  Passing  over  the  same  level,  good,  loamy  Mile  14U>. 
soil  to  a  creek  or  run  of  water,  where  an  aqueduct  and  embank- 
ment 12  chains  long  and  5  to  6  feet  high  will  be  required  ;  then 
passing  over  same  level  loamy  soil-along  in  front  of  Mr.  Barker, 
where  it  passes  from  south  to  north  side  of  road  and  continues  on 
same  good  ground  to  near  the  end  of  the  mile  where  there  i^  a 
ravine  3  chains  long,  and  S  to  12  feet  embankment  required. 

Fifteenth  Mile.  At  the  beginning  of  this  mile  a  run  of  water  ;  M  1 
an  aqueduct  and  embankment  will  be  required  o  chaini  long  and 
12  feet  high ;  in  front  of  George  Weber  put  down  a  stake  by 
side  of  road;  the  surface  of  the  ground  is  here  the  level  oflme, 
and  it  then  pursues  over  a  loamy  soil  lying  with  a  very  gentle 
descent  toward  the  river  which  continues  to  the  did  of  the  mil- 

Sixteenth  Mile.    Soon  after  I  commence  on  this  mile  I  arrive  M 
at  Reels'  Creek  over  which  I  pass  by  an  aqueduct  '3  or  7  feel 
above  the  water,  and  pre?<  over  the  flat  about  it  with  an  embanl 


CANAL  LAWS,  kc. 


APPENDIX.  ment  2  or  o  feet  high,  and  arrive  at  the  road  near  Tisdale's  Inn  ) 
y  '  on  the  opposite  side  from  his  stable  a  stake  put  in  the  ground 

which  is  the  level  of  Canal — the  ground  here  being  the  line  of 
level,  passing  on  eastward  a  little  south  of  N.  G.  Weaver's  Inn, 
and  passing  over  very  fine  loamy  soil  about  level,  to  near  the  end 
of  the  mile,  where  are  two  ravines  requiring  embankment  2  chs, 
each  and  10  feet  high. 

Mile  17th.  Seventeenth  Mile  passes  over  very  fine  loamy  soil  and  nearly 
level,  passing  about  10  or  12  rods  south  of  the  road  at  Walton's 
house,  and  a  little  east  of  same  it  passes  over  a  small  stream  of 
water  requiring  an  aqueduct  and  embankment  40  rods  long  and 
16  to  18  feet  high  ;  (this  can  only  be  avoided  by  a  circuitous 
route,  represented  by  a  dotted  line  ;)  thence  over  very  level 
loamy  ground  a  little  N.  of  Gitteau's  Inn,  and  continuing  on 
same  good  land  to  end  of  the  mile. 


Mile  18th. 


Mile  19lh. 


Mile  20th. 


Eighteenth  Mile.  Over  the  same  kind  of  loamy  level  land 
about  15  chains ;  then  a  run  of  water  and  ravine  4  chains  long, 
requiring  embankment  and  aqueduct  10  feet  high;  and  a  little 
further  east  and  against  Brayton's  Inn  another  run  of  water  re- 
quiring aqueduct  and  embankment  S  chains  long,  10  or  12  feet 
high.  At  about  4  chains  east  of  Brayton's,  put  down  a  stake, 
the  top  of  which  is  the  level  of  Canal :  east  of  Brayton  it  passes 
along  the  edge  of  a  Hemlock  swamp  some  gravelly  ;  further  east 
a  run  of  water  requiring  an  embankment  4  feet  high  and  9  chains 
long  :  when  over  this,  good  level  land  to  the  end  of  the  mile. — 
These  aqueducts  and  embankments  may  be  avoided  by  taking 
a  very  circuitous  route  which  I  thought  unadvisable. 

Nineteenth  Mile  passes  over  excellent  loamy  land  except  two 
runs  of  water.  The  most  easterly  may  be  passed  with  a  very 
little  embankment ;  the  westerly  one  will  require  an  embank^ 
ment  of  2  chains  long,  10  or  12  feet  high.  In  front  of  J.  Birch, 
Esqr's,  the  ground  is  the  lev£l  of  my  line,  and  here  put  down  a 
stake  the  top  of  which  is  my  line  of  level. 

Twentieth  Mile.  Near  the  commencement  of  this  mile  a  run 
of  water  requiring  an  embankment  3  chains  long  and  8  feet  high  ; 
then  over  good  level  ground  passing  behind  the  house  of  S.  Ed- 
get,  at  the  turnpike  gate  5  miles  below  Utica,  and  at  a  N.  or  cross 
road  a  little  below  Edget's  on  the  east  side  about  5  rods  from  the 
corner  put  a  stake ;  passing  on  over  excellent  ground  to  near  the 
end  of  the  mile;  here  are  two  small  runs  of  water,  the  first  ot 
which  is  3  chains  long  and  require  embankment  8  feet  high  ;  the 
other  is  2  chains  long  and  same  height.  The  last  part  of  this 
mile  stony  or  rather  gravelly  ground. 


CANAL  LAWS,  &c.  537 


Twenty-first  Mile  passes  over  very  level  or  gently  descending  APPENDIX, 
land,  with  stone  and  gravel  soil  to  near  3-4  of  the  mile  when  it  v  "~v~"/ 
comes  to  the  low  or  bottom  land  about  Stauring's  creek — over  M,le2,sL 
this  flat  it  passes  in  a  pretty  direct  couse,  and  will  pass  the  creek 
about  one  chain  below  the  bridge,  on  the  turnpike  road,  the  line 
of  level  being  only  5  feet  above  the  surface  of  water  in  the  creek. 
Here  I  presume  a  bend  must  be  made  a  little  to  the  south  in  order 
to  get  more  height  above  the  water  in  the  creek.    This  is  a  mad, 
violent  stream,  and  will  require  considerable  water  way  under 
the  canal.    It  is  only  a  small  stream  in  dry  seasons,  and  cannot 
therefore  be  made  very  useful  for  feeding  the  canal ;  what  water 
there  is  may  be  conducted  into  canal  by  a  short  side  cut. 

Twenty' second  Mile.    Over  very  good  level  surface  with  Milc22d. 
round  stone  and  gravel  soil ;  an  oak  by  the  N.  side  of  the  turn- 
pike ;  the  ground  here  at  the  foot  of  this  oak  is  the  level  of  the 
line  ;  from  this  oak  to  the  end  of  the  mile  the  soil  loamy  and  good. 

Twenty-third  Mile.  Soon  as  this  mile  commences,  a  ravine  2  Mile  23d. 
chains  wide  and  requiring  embankment  20  feet  high,  a  small  run 
of  water  in  it ;  passing  on  farther  east  the  ground  where  Henry 
Crouch's  Inn  stands  is  the  line  of  level — then  over  good  loamy 
soil  to  two  small  runs  of  water  requiring  on  the  first  an  aqueduct 
and  embankment  4  chains  long  and  12  feet  high,  and  on  the  next 
2  chains  long  and  10  feet  high  ;  thence  over  smooth  surface  land 
with  gravelly  soil  to  the  end  of  the  mile. 

Twenty-fourth  Mile.  At  the  commencement  of  this  mile  a  Mile  24th. 
small  run  of  water  where  an  aqueduct  and  embankment  will  be 
required  8  chains  long  and  4  feet  high  ;  passing  on  the  ground 
where  Smith's  Inn  in  Germantown  stands,  is  the  line  of  level  ; 
thence  over  good  even  surface  ground  to  a  run  of  water  requir- 
ing an  aqueduct  and  embankment  3  chains  long  and  6  feet  high  ; 
thence  easterly  along  near  the  turnpike  road,  and  over  pretty 
good  ground  to  the  end  of  the  mile,  when  there  commences  a  hill, 
the  angle  of  ascent  is  easy,  say  15  degrees,  when  the  mile  ends. 

Here  let  me  observe  that  the  embankments  mentioned  on  this 
mile  may  be  avoided  by  making  a  circuitous  route  at  the  two 
places  mentioned  above,  and  increasing  the  length  of  the  canal 
about  5  or  6  chains. 

Twenty-fifth  Mile.  At  the  commencement  of  this  mile  a  hill  M,,c25tb- 
begins,  along  which  the  line  of  level  pursues  generally  very  near 
the  turnpike  road,  sometimes  in  it  and  sometimes  above  it.  The 
soil  of  the  hill  is  gravelly,  with  loam  and  clay  or  marl  alter- 
nately. The  ascent  of  the  hill  varies  from  15  to  30  decrees, 
and  there  are  some  little  gulfs  in  it  where  little  runs  or  springs 
of  water  make  in  the  hill,  and  have  brought  down  earth,  and 
thereby  made  a  gully  or  gulf.    The  line  of  level  will  pass  over 


s 


536 


CANAL  LAWS,  &c. 


appendix  tjie  groun(i  where  Myers'  shed  stands.  S.  of  the  road,  and  at  the 
end  of  the  shed,  put  down  a  stake,  the  top  of  which  is  the  level. 
Farther  eastward,  it  is  in  the  road,  and  continues  about  in  it  to 
the  end  of  the  mile. 

Mile  26th.  Twenty-sixth  Mile.  Passes  along  the  side  of  the  same  hill  de- 
scribed in  the  last  mile,  and  is  more  than  half  the  distance  of  this 
mile  on  the  turnpike  road.  The  ground  in  this  mile  is  laid  down 
as  pretty  straight  along  the  side  hill.  It  will  be  found  that  the 
hill  has  many  ravines,  out  of  which  the  earth  that  has  been 
brought  has  made  rising  grounds  below,  near  the  foot  of  the 
hill,  and  if  a  surface  of  ground  exactly  the  line  of  level  is  pur- 
sued, it  will  cross  the  present  turnpike  road  6  or  7  times  in  the 
length  of  the  mile.  Near  Fluskey's  tavern,  is  a  small  run  of 
water,  which  has  brought  down  earth,  and  the  line  of  level  pass- 
es about  10  rods  below  the  road,  and  near  a  fence  put  down  a 
stake ;  thence  winding  round  nearer  the  road,  and  sometimes  in 
it  to  the  end  of  the  mile. 

Miie27th.  Twenty-seventh  Mile,  passes  along  the  same  side  hill,  the  as- 
cent  of  which  grows  steeper  about  this  place,  and  the  height  of 
the  hill  is  much  higher  than  where  I  have  passed  back — the  soil 
as  before  mentioned,  is  some  gravel  and  some  clay.  Near  Dex- 
ter's  a  ravine  25  feet  deep,  and  1  chain  long — the  ground  at  the 
S.  end  of  Dexter's  house  is  the  line  of  level,  and  at  1 0  chs.  east 
of  Dexter's  put  down  a  stake  by  side  of  the  road — at  this  place 
the  line  of  level  passes  from  S.  to  N.  side  of  the  road — thence 
along  the  same  side  hill,  to  the  end  of  the  mile. 

Mile  28th.  Twenty-eighth  Mile,  along  the  same  hill  as  before  mentioned, 
which  in  many  places  becomes  an  angle  of  ascent  35  to  40  de- 
grees ;  and  passing  over  the  ground  at  White's  Inn,  continues  in 
and  near  the  road  to  the  turnpike  gate  ;  when  it  is  a  little  to  the 
South  or  right  of  road,  and  immediately  below  it  crosses  to  left 
of  road,  and  passes  over  a  deep  ravine.  20  feet  embankment 
and  3  chs.  wide — with  a  small  spring  of  water  in  it.  Thence 
about  10  feet  from  Lawrence  Herter's  house,  and  crossing  to  the 
right  side  of  road,  pursues  along  under  the  hill  side.  This  very 
springy  land  to  the  end  of  the  mile.  The  soil  some  clay  and  some 
gravel,  and  some  stony  on  last  part. 

Mile  29th  Twenty-ninth  Mile,  pursues  along  the  same  side  hill,  on  the 
right  of  the  road,  and  the  ground  full  of  springs,  which  come  out 
of  the  hill — near  Jacob  Weber's,  a  kind  of  offset  in  the  hill  which 
the  level  will  gain  ;  and  pass  near  a  barn  of  Weber.  At  this 
place  by  examining  plan  (VIII.)  it  will  be  seen  that  I  pursued 
two  routes,  marked  track  1st  and  2d.  In  pursuing  the  first  track 
I  descend  the  hill  on  to  the  rich  bottom  land,  and  find  it  nearly 
high  enough  for  my  level ;  but  descending  gradually  to  the  point 


I IANAL  LAWS,  fcc. 


63'J 


ity  where  it  is  20  feet  too  low  ;  so  that  embankment  would  be  re-  *PPWWJ 
quired,  28  chs.  long,  and  in  height  from  20  feet  to  1  foot.  At  a  * 
it  strikes  the  Stone  Ridge,  so  called  ;  over  which  it  can  pass  with 
an  embankment,  12  or  13  feet  high,  and  25  chs.  long.  It  then 
falls  on  to  the  bottom  or  flat,  eastof  Herkimer  v  illage,  near  the  turn- 
pike road  at  b;  and  from  this  point  to  Canada  creek,  near  the 
bridge  on  the  turnpike,  is  50  chs.  ;  and  requiring  an  embank- 
ment 16  to  20  feet  high,  the  last  mentioned  distance  ;  and  striking 
Canada  creek  at  the  bridge  ;  the  water  in  the  same  being  27 
44.100  below  the  line  of  level,  and  requiring  an  aqueduct  this 
height,  and  9  chs.  long,  when  it  would  strike  the  side  of  the  hill 
at  c. 

2d.  track.  Commencing  near  Jacob  Weber's  barn,  and  pursu- 
ing along  a  circuitous  route,  upon  the  side  of  a  broken  hill,  and 
just  behind  the  house  of  Gen.  Myers;  the  line  of  level  being  6  1-2 
feet  above  the  lower  floor  of  the  house  ;  and  the  hill  varying  in  its 
angle  of  ascent  from  15  to  40  degrees ;  and  to  appearance  clay 
and  gravel  soil  passing  on  to  the  end  of  the  mile.  A  small  aque- 
duct for  a  stream  as  seen  on  the  plan  (VIII.) 

Thirtieth  Mile,  pursuing  along  the  side  of  the  hill,  behind  a  Milc30ib. 
number  of  buildings,  the  angle  of  ascent  being  various,  and  from 
15  to  30  degrees,  until  near/,  where  the  high  land  comes  to  a 
point.  Turning  away  N.  and  N.  westerly  up  the  Canada  creek 
from  /  it  would  pass  on  to  the  flat  near  Canada  creek,  which  lies 
about  12  feet  below  my  line  of  level,  and  an  embankment  would 
be  required  about  ?  chs.  long,  of  the  last  mentioned  height,  to  car- 
ry it  to  Canada  creek,  over  which  it  might  pass  by  an  aqueduct, 
12  chs.  long  and  15  feet  high,  above  low  water  mark  ;  and  would 
strike  the  hill  on  the  east  side  of  the  creek  at  h.  Here  I  would 
observe  that  I  levelled  up  the  Canada  creek,  to  find  at  what  point 
the  water  thereof  might  be  taken  out  to  feed  the  line  of  canal  ; 
and  I  found  that  at  Myers'  mill  the  water  in  the  creek  was  2  feet 
above  my  line  of  level,  and  might  be  brought  by  a  side  cut  in  tho 
manner  of  the  red  mark  on  the  plan  VIII.  to  connect  with  the  canal 
at/.  The  highest  water  in  the  Canada  creek  by  floods,  I  found 
by  marks  and  bruises  on  the  timber  in  and  about  the  creek  to  be 
8  feet  above  the  low  water  mark  when  I  was  there.  When  over 
the  Canada  creek  with  the  line  of  level,  it  pursues  along  the  side 
of  a  steep  hill,  with  clay  soil.  The  ascent  of  hill  30  to  35  de- 
grees ;  and  intersected  by  some  short  ravines,  which  make  the 
line  of  level  winding. 

Thirty-first  Mile,  along  the  side  of  the  hill  on  the  easterly  side   Mite  31st. 
of  Canada,  over  clayey  and  gravelly  soil  ;  and  the  ascent  vary- 
ing between  20  and  40  degrees  ;  and  passing  along,  crossing  the 
turnpike  road  from  left  to  right  at  r,  near  the  road,  made  bench 
marks  on  a  hickory  and  white  oak  sapling :  thence  winding 


540 


CANAL  LAWS, 


APPENDIX. 


round  the  hill  more  directly  east  to  the  end  of  the  mile.  Thr 
land  generally  gravelly,  and  clay  under  gravel. 


Mile  32d.       5    rhj-second-  Mile.    This  mile  continues  along  the  side  of  the 
aforesafd  hill,  which  is  here  full  of  springs  of  water  which  fall 
down  to  the  foot  and  make  a  dead  creek  which  makes  its  way 
along  the  foot  of  the  hill  and  thence  into  the  river.    The  soil  ap 
pears  to  be  gravel  on  top  or  surface ;  but  soon  under  appear 
clay.    The  hill  forms  an  angle  of  ascent  30  to  40  degrees. 

Mile  Ssu  Thirty-third  Mile,  pursues  along  the  same  hill  as  mentioned  on 
the  last  mile,  which  has  the  same  kind  of  springs,  to  about  50  chs, 
Here  the  hill  descends  and  forms  a  ridge  ;  the  road  passing  on 
the  top  thereof;  and  my  line  of  level  pursues  along  to  g  (Map 
IX.)  Here  the  line  of  level  crosses  the  turnpike  road  at  right 
angles  nearly.  A  large  black  oak  with  a  notch  cut  in  it,  6  feet 
above  ground,  for  line  of  level ;  also  a  beach  stump.  From  these 
marks,  northerly,  crossing  a  deep  ravine  with  a  run  of  water  in 
it  ;  requiring  an  embankment  6  chs.'  long  and  25  feet  deep.  It 
then  catches  the  side  of  the  hill,  along  which  it  passes,  to  the  end 
of  the  mile,  near  Etheridge's  Inn,  where  the  hill  becomes  of  a 
more  gentle  ascent. 

Mile  34th.  Thirty -fourth  Mile,  along  the  side  of  the  hill,  which  is  of  gentle 
ascent;  and  a  little  east  of  Etheridge's,  a  road  turns  north;  the  level 
is  marked  by  a  stake  10  feet  west  of  this  road  :  thence  pursuing 
along  the  road  some  distance,  and  then  passing  on  to  the  south 
of  the  road  ;  and  then  to  the  north  ;  and  near  the  end  of  the  mile 
a  creek  requiring  an  aqueduct  and  embankment  3  chs.  long  and 
30  feet  high  :  thence  along  the  side  of  the  bill,  to  the  end  of  the 
mile.  The  soil  on  this  mile  is  generally  pretty  good ;  some  places 
gravelly  >  and  in  others  a  little  appearance  of  clay. 

Mile 35th.  Thirty-fifth  Mile,  along  the  side  of  a  gravel  hill,  by  the  side  of 
the  turnpike  road  ;  the  angle  of  ascent  from  20  to  40  degrees ; 
and  15  chs.  on  this  mile  a  run  of  water,  requiring  an  embank- 
ment 3  chs.  long,  and  22  feet  deep  :  thence  along  the  side  of  the 
hill,  behind  M'Comb's  Inn,  and  about  15  feet  above  the  ground 
where  the  house  stands  :  thence  along  the  side  of  the  hill  afore- 
said to  the  end  of  the  mile.  The  soil  on  the  last  part  of  the  mile 
becomes  stony,  and  probably  a  little  under  the  surface  rocky, 
although  none  appear  on  the  surface. 

Mile  36th.  Thirty-sixth  Mile,  continues  along  the  aforesaid  hill,  which 
becomes  more  steep  ;  and  several  short  ravines  ;  towards  the  last 
part  stony,  and  appearance  of  rocks,  a  little  under  the  surface. 

Mile  37th.  Thirty-seventh  Mile.  At  the  beginning  of  this  mile,  I  marked 
a  white  oak  sapling  with  a  notch  for  my  line  of  level.  Here 


I  ANAL  Ut 


541 


the  ground  becomes  rocky  ;  and  a  little  eastward  very  rocky,  appendix. 
Continuing  so  to  a  little  run  of  water,  which  has  a  great  descent  ;  v 
and  the  line  of  level  will  pass  over  this  brook  without  any  great 
embankment,  but  making  a  little  circuitous  route ;  a  white  pine 
tree  on  VV.  bank  of  this  creek  with  a  bench  mark  :  thence  pursu- 
ing along  the  side  of  the  hill,  and  crossing  the  road  where  a  new 
wood  building,  for  a  dwelling  house  is  erected,  in  the  road;  thence 
on  the  south  side  of  the  road,  and  made  a  mark  on  the  N.  end  of 
Mr.  Phillips'  house,  3  1-2  feet  above  ground.  Passing  then  S. 
of  the  house  kept  as  an  inn  by  Mr.  Morgan,  in  the  village  of  Little 
Falls,  and  then  over  a  track  very  rocky,  although  a  general 
surface  nearly  the  level  required  ;  but  so  rocky  as  to  require 
blowing  in  some  places,  and  in  others  raising  and  embanking  to 
carry  on  the  level.    This  continues  to  the  end  of  the  mile. 

Thirty-eighth  Mile.  Near  the  commencement  of  this  mile,  I  Miic3gtu. 
cross  the  road  from  right  to  left,  and  by  the  side  of  the  road  on  a 
flat  rock  ;  a  mark  made  in  the  rock,  which  is  the  line  of  level  ; 
id  after  crossing  to  left  side  of  the  road  about  3  chs.  west  of  the 
*gh  bridge,  the  line  of  level  gains  upon  a  ledge  of  rocks,  where 
mark  is  made  in  the  rocks :  thence  along  the  craggy  ledges  of 
cks,  and  crossing  the  Gulf  creek  :  thence  pursuing  along  the 
rocks,  which  are  full  of  chasms  and  broken  pieces  to  the  end  of 
the  mile.  And  here  let  me  observe  that  it  was  impossible  for  me 
to  pursue  the  level  along  the  side  of  these  rocks  :  I  could  only 
work  along  the  turnpike  road,  which  runs  at  the  foot  of  them; 
and  the  road  I  found  from  60  to  75  feet  below  my  line  of  level. 
The  rocks  and  hill  are  100  to  200  feet  above  my  line  of  level ; 
and  are  equally  rocky  to  near  the  top.  At  the  Gulf  creek  the 
line  of  level  will  pass  as  marked  on  map  X.  But  an  aqueduct 
may  be  made  to  pass  directly  over  it.  It  appears  to  me  almost 
impossible  to  form  a  canal  on  this  mile  without  enormous  expeHae. 

Thirty-ninth  Mile,  continues  alomr  the  side  of  the  same  rocky    Mile  j 
hill  which  is  equally  as  bad  as  described  on  the  last  mile  ;  my  line 
r  level  still  continuing  about  70  a  75  feet  above  the  track  of 
e  turnpike  road  ;  and  the  end  of  this  mile  will  be  near  the  termi- 
nation of  these  very  rocky  hills. 

Fortieth  Mile.  Soon  as  this  mile  commences,  the  country  Hie 48th. 
breaks  away  and  1  assume  my  level  in  a  wood,  and  pufStting  the 
same,  I  find  myself  behind  the  house  of  H.  Finch  ;  here  a  run  of 
water,  over  which  an  embankment  is  wanted  one  chain  long  and 
eight  feet  high  ;  here  I  marked  a  maple  and  a  small  c  tarry  by 
notches,  which  are  my  line  of  level,  continuing  thence,  the  form 
of  the  ground  compels  me  to  come  near  the  turnpike,  and  the 
line  of  level  goes  along  the  side  of  a  steep  hill,  and  pa^sinLr  by  or 
over  two  deep  ravines,  which  are  3  chains  over  each,  and  30  fe»u 


542 


CANAL  LAWS,  &c. 


appendix.  below  my  iine  0f  level,  although  they  may  be  chiefly  avoided  by 
a  little  circuit. 

The  soil  gravelly  and  in  some  places  round  stone,  the  angle  of 
ascent  of  the  hill  is  generally  30  degrees 

Mile  41st.  Forty-first  Mile.  Near  the  commencement  of  this  mile,  a  small, 
short  ravine  one  chain  over,  and  twenty  feet  deep,  thence  along 
the  side  of  the  hill  described  on  the  last  mile,  and  near  a  small 
red  house  by  the  side  of  the  turnpike,  a  valley  makes  off  to  the 
left  of  the  road,  and  following  through  this  valley  over  good  soil, 
I  soon  come  to  a  creek  over  which  an  aqueduct  and  embankment 
will  be  necessary  four  chains  long  and  thirty  feet  high,  or  it  may 
be  avoided  by  taking  a  more  circuitous  route  ;  passing  down 
along  the  side  of  the  hill  on  the  east  of  the  creek  to  near  the 
turnpike  road  ;  I  pursue  along  the  side  hill  near  the  road  to  the 
end  of  the  mile.  The  soil  on  this  mile  gravelly,  and  the  angle 
of  ascent,  30  degrees  generally. 

Mile42d.  Forty-second  Mile,  along  the  same  side  hill  as  mentioned  in 
my  last  mile,  which  is  gravel  soil  and  generally  pretty  direct 
course.  After  about  40  chains  on  this  mile,  near  a  small  stable, 
against  a  rapid  in  the  river  ;  here  the  line  of  level  would  pass  on 
the  right  side  of  the  road,  and  then  sometimes  in  the  road,  and 
sometimes  and  more  generally  on  the  left  side  of  the  path,  to  the 
end  of  the  mile,  the  angle  of  ascent  generally  25  or  30  degrees. 

Mile  43d  Forty-third  Mile.  This  mile  passes  along  the  side  of  the  hill, 
generally  in  the  turnpike  road,  and  in  no  instance  more  than  30 
or  40  feet  from  the  track  of  the  road.  The  soil  coarse  gravel, 
and  the  angle  of  ascent  of  the  hill,  30  or  40  degrees. 

Mile  44th.  Forty-fourth  Mile.  This  mile  begins  near  Christie's  Inn,  and 
soon  comes  to  a  run  of  water  in  a  ravine,  which,  if  it  passes  pret- 
ty direct,  will  require  an  embankment  7  chains  long  and  nearly 
50  feet  high  ;  the  length  and  height  may  be  reduced  by  taking 
a  more  crooked  course  up  the  stream  ;  thence  along  the  side  of 
the  hill  to  the  left  of  the  turnpike  road,  and,  when  within  2(1 
chains  of  East  Canada  Creek,  the  hill  becomes  more  gradual, 
and  my  line  of  level,  gains  near,  and  in  some  places  quite  the 
top  and  near  the  hill  by  Canada  Creek  the  mile  ends  ;  soil, 
coarse  gravel. 

Here,  let  me  observe,  I  found  plenty  of  lime-stone,  which  ap- 
pear to  be  good,  although  the  people  aboui  here  inform  me 
that  they  do  not  cut  well. 

Forty-fifth  Mile.    From  the  top  of  the  hill,  on  the  west  side,  I 
Mile  45th.   descend  *dovv  n  t0  tne  flat^  along  the  East  Canada  Creek,  which  I 
find  to  be  63  feet  too  low,  and  then  passing  over  this  flat  and 
across  Canada  Creek,  I  gain  the  hill  on  the  east  side  ;  here  an 


CANAL  LAWS,  &c. 


543 


embankment  10  chains  long  and  G5  feet  high  will  be  required,  AWWDIX 
as  also  an  aqueduct  to  pass  the  canal  over  the  creek,  340  feet 
long  and  73  feet  above  low  water  mark. 

Observe  that  by  passing  along  the  side  of  the  hill  from  a  to  b, 
and  passing  over  the  creek  at  r,  no  place  would  require  an  em- 
bankment more  than  20  or  25  feet  high,  and  the  height  of  the 
aqueduct  to  pass  the  creek  would  be  about  40  feet,  and  the  length 
250  feet.  The  line  of  level  must  then  pass  down  along  the  side 
of  the  hill  to  near  the  turnpike,  and  unite  with  the  other  route 
at  d. 

I  also  examined  the  creek  up  as  high  as  the  Great  Falls,  which 
are  formed  by  several  perpendicular  pitches  and  cataracts,  and 
are  about  one  mile  from  the  turnpike  road.  At  this  place  I 
found  the  creek  to  be  elevated  above  my  line  of  level,  and  may 
easily  be  used  to  feed  or  be  carried  oiF  on  either  side  of  the  creel 
below. 

From  d,  near  Canada  Creek,  I  pursued  along  the  hill  a  wry 
crooked  course,  passing  over  a  mill  creek  near  Kloch's,  over 
which  I  pass  without  difficulty,  and  passing  on  eastward  over 
pretty  good  ground  to  the  end  of  the  mile  ;  here  about  I  made 
a  benchmark  in  a  large  pine  tree,  standing  about  15  rods  NT.  ol 
the  turnpike  road.    The  ground  near  this  some  stony. 

Observe  further,  that  I  made  a  slight  examination  to  find 
whether  with  a  short  distance  of  deep  cutting,  I  could  go  from 
the  point  S.  near  Canada  Creek,  and  going  westward  fall  into 
my  line  pf  level  at  the  brook,  between  the  40  and  41st  mile  : 
but  on  examination,  I  found  the  ground  at  S.  to  be  56  feet  too 
high  for  my  level,  and  to  appearance  would  continue  this  height 
to  near  2  1-2  miles  back.  The  soii  in  this  mile  is  gravel  and 
clay,  or  marl.  The  angle  of  ascent  in  the  hill,  about  Canada 
Creek,  varies  from  20  to  40  degrees,  and  the  same  steepness  con- 
tinues to  near  Kloch's  house.  After  passing  the  small  creek  near 
Kloch's,  the  angle  of  ascent  becomes  about  1 5  degrees. 

Forty-sixth  Mile,  passes  along  the  side  of  the  hill,  and  over  MM« 
ground,  generally  good.    Toward  the  last  end  of  the  mile  the 
ground  appears  to  be  some  rocky.    Lime  rock,  a  little  under  the 
surface,  and  also  some  loose  stone  on  the  surface. 

Forty-seventh  Mile.  Along  the  same  hill  whieh  becomes  rath-  M,lc  47d> 
er  broken  by  indentations,  and  makes  the  track  very  crooked. 
About  twenty  chains  rocky  under  the  surface,  but,  1  believe  lime 
rocks  and  the  stone  may  be  made  very  useful.  Twenty  or  twenty- 
live  chs.  on  this  I  come  to  a  mill  creek,  which  will  require  embank- 
ment and  aqueduct,  4  chains  long  and  22  feet  high  :  passing  on 
eastward  and  over  gravelly  or  clayey  ground,  forming  a  very 
crooked  track,  and  passing  a  small  run  of  water,  which  may  be 
passed  without  embankment,  by  winding  up  it.    After  patting  1 


544 


CANAL  LAWS,  fee* 


APPENDIX,  pursue  along  the  same  hills,  very  irregularly  formed,  and  which 
^^^—^  makes  our  track  very  crooked,  and  continues  to  the  end  of  the 

mile,  which  is  on  the  side  of  the  hiil,  opposite  a  small  church  near 

Zobriskie's  tavern. 

Observe  that  when  on  the  hill  against  this  church,  I  found  that 

my  line  of  level  would  strike  the  under  side  of  the  gilt  ball  on 

top  of  the  steeple  of  this  church. 

JUile  48th.  Forty-eighth  Mile.  Along  the  same  side  hill,  which  is  varia- 
ble in  ascent  and  quality  of  soil,  and  the  line  of  level  pretty 
crooked  ;  and  toward  the  last  part  of  the  mile  the  hill  becomes 
very  steep  and  full  of  broken  rocks,  and  in  some  places  appear- 
ance of  a  ledge  of  rocks,  this  continues  to  the  end. 

Mile  49th.  Forty-ninth  Mile,  passes  over  at  first  some  of  the  same  rocky 
ground  mentioned  on  the  last  mile,  and  thence  gaining  an  offset 
in  the  hill  ;  it  pursues  over  ground  gradually  descending  south, 
but  rather  at  the  foot  of  a  second  hill,  which  has  the  appearance 
of  lime  rock  in  many  places  a  little  under  the  surface.  From 
information  this  lime  rock  is  of  pretty  good  quality  for  mason 
work  generally,  although  some  persons  say  it  is  rather  shelly, 
porous-stone. 

At  the  end  of  this  mile,  I  was  behind  the  tavern  of  J.  C.  Nel- 
lis,  and  marked  a  walnut-tree,  about  30  rods  from  the  turnpike 
road,  (northerly)  with  the  marking  iron,  16  inches  above  the 
surface  of  the  ground. 

Mile  50th.  Fiftieth  Mile,  passes  over  ground  of  easy  ascent,  but  full  of 
small  irregular  rises,  which  are  full  of  lime-stone,  and  nearly  the 
whole  of  this  mile  is  over  land,  that  to  all  appearance  the  lime- 
stone rock  lies  under  the  surface  from  one  to  three  feet.  And 
near  the  end  of  the  mile  a  run  of  water  forming  a  gulf,  requiring 
embankment  and  aqueduct  3  chains  long  and  30  feet  high. 

Mile  51st.       Fifty-first  Mile,  pursues  along  the  side  of  the  hill,  behind  J. 

Cochran's  house,  and  50  rods  from  the  house,  the  hill  is  full  of 
indentations,  which  make  the  line  of  level  very  crooked,  the 
level  appears  about  nine  feet  above  the  top  of  the  chimney  of 
J.  Cochran's  house,  passing  then  eastward  along  the  side  of  the 
hill,  till  it  strikes  Garoga  Creek,  over  which  an  aqueduct  will  be 
required  65  feet  high  and  about  four  chains  long,  of  this  height 
and  then  an  embankment  eight  chains  more,  20  or  30  feet  high. 

The  ground  on  this  mile  is  various,  but  generally  a  kind  of 
marl,  a  clay,  or  gravel  mixed. 

I  took  an  observation  to  the  church  at  Palatine,  and  found 
that  the  cornice  of  the  steeple  roof  would*  by  my  line  of  level. 

*  So  in  the  original,  something  appears  to  be  wanting  to  make  the 

>?nse  complete. 


CANAL  LAWS,  &c, 


I  did  not  go  up  the  Garoga  Creek  to  find  how  far  before  my  appendix 
line  of  level  would  take  the  water  in  the  creek,  but  from  enquiry, v  V 
I  believe  it  will  not  be  possible  to  use  the  water  of  this  creek  to 
feed  the  canal,  by  a  cut  shorter  than  three  miles,  and  some  con- 
siderable difficulty  will  be  found  in  bringing  down  the  water  on 
account  of  the  perpendicular  slate  rock  banks  on  the  creek. 

Fifty-second  Mile,  pursues  along  the  side  hill,  east  of  Palatine,  MileSl* 
and  near  the  stone  Arabia  road,  I  marked  a  large  white  oak,  about 
100  rods  from  the  turnpike  road,  thence  on  eastward,  upon  the 
side  of  a  steep  hill,  which  is  some  stony  ;  and  passing  over  u 
brook  requiring  embankment  and  aqueduct  3  chains  long  and  15 
feet  high,  and  appearance  of  lime-stone  about  this  brook.  After 
passing  the  brook,  the  ground  becomes  very  stony  full  of  round 
rocks,  and  a  little  on  my  left  a  ledge  of  rocks.  The  soil  over  this 
mile  is  gravelly,  some  places  appearance  of  clay. 

Fifty-third  Mih.    Along  the  foot  of  the  hill,  and  sometimes    Mile  53d. 
on  the  side  of  a  rocky  hill,  and  at  foot  round  rocks.    The  soil 
gravel  and  loam,  and  the  course  pretty  direct ;  and  near  Wag- 
goner's tavern,  the  line  of  level  will  come  close  by  side  of  the 
road. 

The  angle  of  ascent  on  this  mile  varies  from  15  to  30  de- 
grees. 

Fifty-fourth  Mile.  On  the  first  part  the  line  of  level  runs  Miic  .^th. 
near  the  road,  and  along  the  side  of  hill  more  gradual  ascent 
than  has  been  for  some  miles,  and  over  ground  that  appears  some 
rocky.  At  about  40  chs.  a  small  creek,  over  which  an  aqueduct 
and  embankment  will  be  necessary,  of  4  chs.  long  and  from  15  to 
25  feet  high.  The  bottom  of  this  creek  is  all  lime-stone,  and 
no  doubt  good  stone  may  be  obtained  here.  Passing  then  over 
land  gradually  descending,  and  something  stony,  to  the  end  of 
the  mile. 

Fifty-fifth  Mile.    The  line  of  level  on  this  mile  passes  over  Mik 
tolerable  ground  at  first,  then  comes  along  the  side  of  a  rocky 
hill,  the  ascent  of  which  is  20  to  25  degrees  ;  and  some  places 
in  the  hill  appear  like  being  free  from  rock,  and  again  the  rock 
appears.    This  continues  to  the  end  of  the  mile. 

Fifty-sixth  Mile.    This  mile  passes  over  land  gradually  de-    Mik  Sflfe 
scending  towards  the  river,  and  has  lime  rock  from  1  to  3  feet 
under  the  surface,  and  some  loose  rocks  on  the  top* 

The  line  of  level  is  not  so  straight  as  laid  down  on  the  map; 
but  the  surface  is  irregular  lateral  valleys  and  ridges,  with  some 
considerable  rocky  places — soil  loam  and  gravel. 

Note.    The  ridcrc  of  Frv's  new  stone  house  is  the  line  oJ 
level 

60 


54G  CANAL  LAWS,  &tc. 


Mile  57th. 


APPENDIX,  Fifty-seventh  Mile.  This  mile  passes  over  very  irregular  sur- 
face :  some  ridges  of  lime-stone  rising  upon  an  inclined  plane, 
and  passes  along  behind  Shepherd's  tavern  about  50  rods,  and 
near  an  old  stone  wall.  This  mile  and  the  last  have  the  best 
lime  stone  which  I  have  seen  on  the  whole  route.  After  passing 
Shepherd's,  the  hill  soon  bears  off  more  boldly  towards  the  river, 
and  becomes  more  steep,  and  appearance  in  some  places  of  rock, 
although  generally  gravel. 

Mile  58th.  Fifty-eighth  Mile.  Along  the  same  hill  mentioned  on  the  lat- 
ter part  of  the  last  mile,  and  which  becomes  now  an  ascent  of  30 
to  35  degrees,  and  appearance  of  rock  a  little  under  the  surface. 
This  continues  to  the  end  of  the  mile. 

Mile  59th.  Fifty-ninth  Mile,  passes  along  the  side  of  a  steep  rocky  hill, 
the  angle  of  ascent  being  30  to  40  degrees,  and  appearance  of 
rock  on,  and  a  little  under  the  surface  the  whole  distance. 

This  rock  on  the  side  of  the  hill  appears  like  lime-stone  :  but 
the  people  along  here  tell  me  it  is  not.  The  hill  is  covered  with 
wood  the  whole  length  of  the  mile.  The  stone  on  the  side  of 
this  hill  are  tolerable  shape  for  wall. 

Mi!«  60th.  Sixtieth  Mile,  continues  along  the  side  of  the  same  steep  rock, 
as  mentioned  on  the  last  mile,  and  the  angle  of  ascent  becomes 
nearly  50  degrees  in  some  places.  This  mile  passes  Spraker's 
tavern,  and  the  line  of  level  is  105  feet  above  the  ground  near 
his  house.  The  height  of  this  hill  is  about  220  feet  above  the 
ground  where  the  house  stands,  to  the  brink,  or  what  would  be 
called  the  top,  and  from  this  point  a  gradual  ascent  north. 

Mile  6lst.  Sixty-first  Mile.  Along  the  side  of  the  same  inaccessible  hill, 
which  declines  a  little,  the  ascent  being  only  40  to  45  degrees, 
and  stiil  less  as  it  approaches  a  creek  which  comes  down  the 
hill  and  passes  De  Wandelaer's  tavern.  Over  this  creek  the  level 
can  pass  without  much  difficulty,  as  the  fall  in  the  creek  is  very 
great,  and  a  little  angle  to  the  left  will  pass  the  creek  with  a  small 
aqueduct.  The  stream  is  not  of  much  consequence  in  a  dry 
season,  and  will  not  be  worth  the  trouble  of  turning  into  the  ca- 
nal. After  passing  the  creek,  the  level  gains  the  side  of  the 
hill,  along  which  it  pursues  over  rocky  ground  to  the  end. 

Mile  62d.  Sixty-second  Mile.  This  mile  passes  Anthony's  Nose,  and 
the  whole  distance  along  the  side  of  the  rock,  and  117  feet  above 
the  ground  in  the  travelled  path  at  the  point  of  the  Nose.  The 
whole  of  this  mile  is  rocky  hill,  and  ascent  varying  from  30  to 
50  degrees.  The  height,  of  the  hill  at  the  Nose  is  about  240 
feet,  or  250  above  the  level  of  the  river  against  it. 


Mile  63d.       Sixty-third  Mile.    This  mile  passes  along  the  same  rocky  hill, 
and  the  angle  of  ascent  is  very  much  like  the  last  mile.   It  passes 


CANAL  LAWS,  fee, 


behind  Connollys  tavern,  and  about  90  feet  above  the  Iqvel  ul  M*PBKWJ 
the  ground  where  his  house  stands.  v  V  4 

Sixty-fourth  Mile.  This  mile  commences  near  Connolly's,  MiUfriih. 
and  passes  along  the  side  of  the  hill,  which  continues  very  steep 
Tor  about  halfway  of  the  mile.  It  then  tarns  off  X.  and  X.  W. 
leaving  a  ridge4or  off-set  in  it,  which  follows  the  course  of  the 
river,  and  the  other  part  running  off  northerly,  and  then  easterly 
and  southerly,  forms  the  Sand  Flats,  so  called,  upon  the  top  of 
the  ridge,  following  the  river  and  below  the  other. 

At  about  half  way  on  this  mile  my  line  of  level  gains  the  river 
ridge,  and  appears  to  have  a  little  command  of  the  country  be 
fore,  and  passing  over  on  the  last  ofjthis  mile  some  gravelly  land, 
and  taking  a  course  nearly  north  to  the  end  of  the  mile. 

Sixty-fifth  Mile.    This  mile  passes  over  gravelly  and  sandy  65t*- 
soil,  and  has  a  little  choice  of  ground — pursuing  a  northerly 
course  at  first,  and  then  north-easterly  to  the  end  of  the  mile — 
very  good  ground  for  a  canal. 

Sixty-sixth  Mile,  passes  over  land  generally  sandy  loam,  and  Mile  66th 
lias  a  little  choice  in  ground,  being  now  away  from  the  river. 
There  are  some  places  on  this  mile  where  I  passed  over,  which 
are  a  little  too  high  for  my  level;  but  a  little  more  circuitous 
route  would  come  on  ground  which  is  the  level  I  wish.  This 
part  of  the  country  is  pretty  level  on  a  general  v^ew,  and  soil 
easy. 

Sixty-seventh  Mile.    This  mile  passes  over  sandy,  loamy  soil,    M  le6?th. 
and  may  pursue  a  tolerable  direct  course  by  a  cutting  a  little 
deeper  than  my  line  of  level,  or  by  taking  a  little  more  circuitous 
route,  a  track  may  be  pursued  over  ground  of  the  level  you 
wish. 

Sixty-eighth  Mile,  passes  over  sandy  loam,  and  the  general  ap-  M:!c€S  h. 
pearance  of  the  surface  very  level  and  fine  for  a  canal.  Some 
part  of  this  mile  will  be  found  to  be  a  little  above  my  line  of 
level;  and  I  did  not  see  any  ground  quite  low  enough  for  my 
level,  without  making  a  track  very  crooked.  1  accordingly  pur- 
sued over  ground  about  six  feet  too  high,  and  remarkably  level 
nearly  one  half  of  this  mile. 

Sixty  ninth  Mile.  This  mile  passes  over  smooth  surface,  sandy  m«1c  63ib. 
soil  land,  to  near  the  CaiiLzhnawaga  creek.  Here  a  considerable 
wide  gulf,  about  8  chs.  wide,  and  90  feet  below  inv  line  of  level, 
and  requiring  an  embankment  and  aqueduct.  After  passing  the 
creek,  the  land  prettv  good,  :i  tolerable  level  to  the  end  of  the 
mile. 


CANAL  LAWS,  fee. 


APPENDIX,     Seventieth  Mile,  passes  over  tolerable  ground  for  a  canal,  ex* 
Mile'roth"'  ceP*  a         wm(^m§  t0  av°id  the  highest  eminences.    The  soil 
sandy  and  gravelly,  and  at  the  end  of  this  mile  we  are  compelled 
to  come  upon  the  high  hills  near  the  river,  and  the  end  of  the 
mile  near  the  east  end  of  the  village  of  Caughnawaga. 

The  high  land  on  which  Butterbury  Islands  makes  down  to 
the  river,  is  elevated  50  to  150  feet  above  my  line  of  level. 

Mile  Tut.       Seventy-first  Mile,  passes  along  the  side  of  a  steep  hill,  ascent 
on  first  part  about  25  to  30  degrees,  and  against  John  Fonda's, 
a  small  ravine.    Farther  eastwardly  the  hill  becomes  more  steep 
and  rocky,  and  against  Hardenbergh's  Inn,  the  ascent  is  40 
50  degrees  ;  and  the  hill  rises  100  feet  above  the  line  of  level 
There  appears  plenty  of  limestone  in  this  hill. 

Mile  T2d.  Seventy-second  Mile,  passes  along  the  same  side  hill  as  men- 
tioned in  the  last  mile,  and  which  becomes  less  steep,  or  an  an- 
gle of  elevation  of  25  degrees,  and  the  height  of  the  hill  de- 
clines gradually  as  we  go  eastward;  and  the  height  above  our 
level,  at  the  latter  part  of  the  mile,  is  about  40  or  50  feet.  The 
soil  is  gravel  or  clay,  and  more  generally  I  believe  clay  under 
the  gravel. 

Mile  73d.  Seventy-third  Mile.  Along  the  same  side  hill,  and  over  the 
same  kind  of  soil  as  before  mentioned. 

After  about  50  chains  on  this  mile,  I  came  to  Tripe's  Kill,  in 
a  large  gulf,  over  which  an  embankment  and  aqueduct  will  be  re- 
quired, 5  chains  long,  and  94  feet  high  in  the  centre,  and  gradu- 
ally decreasing  each  way,  continuing  on  eastward  to  the  end  of 
the  mile ;  here  marked  an  apple  tree,  with  a  notch  about  four 
feet  from  the  ground.  This  tree  stands  about  10  feet  from  the 
fence,  on  the  south  tide  of  the  road.  The  hill  on  the  last  part 
of  this  mile  becomes  less  steep. 

Mile  T4(h.  Seventy-fourth  Mile,  passes  along  the  side  of  the  hill  on  the 
south  of  the  turnpike  road,  over  soil  generally  gravelly,  and 
the  ascent  on  the  first  part  not  more  than  15  or  20  degrees. 

Further  eastward,  the  ascent  of  the  hill  becomes  more  steep, 
and  ascent  25  or  30  degrees ;  and  toward  the  last  part  of  the 
mile  some  sandy  soil. 


IVIile  75th. 


Seventy-fifth  Mile,  passes  along  the  side  of  Tripe's  Hill,  which 
is  here  cut  with  gullies,  washed  down  by  springs  coming  out  of 
the  hill.  The  course  of  the  canal  very  crooked.  The  hill  is 
elevated  about  40  feet  above  the  line  of  level.  Soil  sandy  on 
first  part,  and  last  part  gravelly. 

Mile  76th.       Seventy-sixth  Mile.    The  first  part  of  this  mile  along  the  side 
of  Tripe's  Hill,  over  gravelly  and  sandy  soil ;  it  then  passes 


i  A  .\  A  f  j  LAWS,  &t. 


549 


from  south  to  north  side  of  the  turnpike,  on  tin-  side  of  the  lull,  APFEJfWI 
and  here  put  down  a  stake;  also  marked  an  oak  by  the  N.  side  ^  V 
of  the  road,  with  a  notch  cut  in  it  for  the  level  of  canal.  Pass- 
ing on  eastward,  I  meet  a  ravine  and  creek,  which  require  aque- 
duct and  embankment  4  chains  long  and  45  or  50  feet  high  ; 
here,  in  this  creek,  excellent  lime  stone.  After  passing  this 
creek,  it  passes  along  the  side  of  a  hill,  sometimes  steep  ascent, 
and  sometimes  gradual,  with  stony  soil,  and  cut  by  indentations, 
so  as  to  make  small  crooks  in  the  line  of  level. 


Seventy-seventh  Mile.    Along  the  same  hill  as  mentioned  in    Mile  77th. 
the  last  mile,  and  which  is  full  of  small  indentations,  and  the 
soil  in  places  very  stony  and  some  rocky  ;  there  is  also  some 
small  ravines.   The  soil  is  gravel  and  stony — rocky  spots.  An- 
gle of  ascent  varies  from  20  to  35  degrees. 

Seventy-eighth  .Mile.  At  the  commencement  of  this  mile,  T  am  Mite  78ib. 
near  Cuyler's  place,  or  as  is  said,  Sir  John  Johnson's  former  seat, 
and  about  1  !  4  feet  above  the  ground  w  here  the  house  stands  ;  then 
eastward,  I  come  to  the  Mill  creek,  overvalley  of  which  an  em- 
bankment and  aqueduct  will  be  necessary,  8  chains  long,  and  95 
feet  high  in  the  centre,  and  gradually  declining  each  way  in 
Height ;  thence  alone:  the  side  of  the  hill,  which  is  stony  and 
rockv.  The  ascent  varies  between  20  and  35  degrees,  and  ma- 
ny windings  and  indentations.  Some  very  good  stone  about 
here. 

Seventy-ninth  Mile.  Along  the  side  of  the  hill,  a  little  dis-  M,le  79,b 
tance  from  the  road,  and  passing  over  two  ravines,  in  which  air 
small  runs  of  water,  each  about  two  chains  over,  and  TO  to  80 
feet  deep,  but  the  depth  may  be  lessened  one  hall'  by  making  a 
bend  up  the  stream  15  or  20  rods.  The  ascent  of  the  hill  about 
25.  decrees,  and  the  soil  stony  and  some  spots  rocky.  From  ap- 
pearance, there  is  plenty  of  lime  stone  about  this  part,  very  good 
•for  cutting  Near  the  easternmost  brook,  and  on  the  westerly 
bank,  near  the  top  of  the  hill,  I  mack1  a  bench  mark  in  a  white 
oak,  near  where  a  road  goes  up  the  hill  to  Dr.  Shepherd'.-. 

Eightieth  Mile,  passes  along  the  side  hill,  which  is  irregular,    ™  80,k 
and  some  places  the  ascent  tolerably  easy,  but  generally  .  tony, 
and  some  rocky,  (lime  rock) — all  way  through  timber  land — as- 
cent varying  between  15  and  30  degrees 


Eighty-first  Mile.  Along  the  same  tide  hill,  and  about  half 
way,  we  come  to  the  Chuetanunda,  above  Amsterdam  village. 
This  creek  has  some  cataracts,  and  some  perpendicular  falls  in 
it.  near  the  river,  and  we  can  pass  it  without  any  difficulty  about 
100  rods  N.  of  the  village  or  turnpike  road,  and  will  only  re- 
quire an  aqueduct  about  2  chain-  long  and  \2  feet  hi'zh.  After 


Mil«  SI- 


CANAL  LAW  S, 


APPENDIX  passujg  this  creek,  I  pass  just  behind  the  garden  of  Mr.  Water*, 
"      v      '  where  I  made  a  bench  mark  in  a  small  black  oak ;  passing  on 

thence  along  the  side  of  the  hill,  which  is  in  places  steep  and 

rocky  to  the  end  of  the  mile. 

Mile82d.  Eighty-second  Mile.  Along  the  side  of  the  hill.  Ground 
stony  and  rocky  in  places.  The  ascent  15  to  35  decrees;  and 
at  little  more  than  half  the  distance,  a  small  creek,  over  which 
an  aqueduct,  38  feet  high,  and  2  chains  long  ;  thence  along  the 
same  side  hill,  which  becomes  steeper  at  the  last  end  of  the 
mile. 


Mile  83d  Eighty-third  Mile.  Along  the  side  hill,  which  now  has  an 
ascent  of  25  to  30  degrees,  and  some  places  rocky.  There  are 
two  ravines,  in  which  are  small  runs  of  water ;  these  will  each 
require  high  aqueduct,  and  about  4  chains  long.  The  soil, 
where  clear  of  the  rock,  is  gravelly,  but  too  steep  the  whole  dis- 
tance to  be  cultivated. 

Mile 84th.  Eighty-fourth  Mile.  On  the  same  side  hill  as  before,  which 
is  here  very  steep  and  rocky.  Near  the  last  part  of  the  mile-  we 
come  to  Evan's  Kill,  a  small  mill  creek,  which  forms  a  very  deep 
ravine,  and  will  require  an  aqueduct  4  chains  long,  and  SO  or 
90  feet  high.  This  may  be  avoided  in  part,  by  passing  the 
creek  higher  up,  but  this  will  make  a  very  crooked  track.  Near 
the  end  of  this  mile,  and  behind  Groot's  tavern,  12  miles  from 
Schenectady,  I  made  a  bench  mark,  in  a  soft  maple  and  a  white 
oak,  by  a  small  path  which  goes  up  the  hill. 

Mile  85th.  Eighty-fifth  Mile.  Passing  on  eastwardly  of  Groot's  tavern, 
on  the  side  of  the  hill,  which  becomes  quite  rough  and  rocky  in 
places,  and  others  a  gravelly  soil.  The  ascent  varying  from  20 
to  35  degrees.  A  stream  or  run  of  water,  on  which  there  is  a 
mill;  this,  by  reason  of  the  stream  falling  rapidly,  is  easily 
passed  with  a  little  circuit,  or  direct  by  an  aqueduct  30  feet  high.. 
Some  part  of  this  mile  we  are  within  25  or  30  feet  of  the  top  of 
the  hill;  towards  the  last  part,  however,  the  hill  rises  conside- 
rably. 

MiieS6ih.  Eighty-sixth  Mile.  Along  the  same  hill  which  continues  to 
rise  higher,  steeper  and  more  rocky — some  little  indentation  in  the 
hill  which  I  did  not  lay  down  in  my  map,  and  which  would  make 
the  line  of  the  level  a  little  serpentine. 

Mile  87th.  Eighty-seventh  Mile.  On  the  side  of  the  same  hill  which  here 
rises  to  a  mountain,  and  the  ascent  from  40  to  50  degrees,  and 
rocky,  ledgy  ground.    This  continues  to  the  end  of  the  mile. 


Mile  88th.       Eighty-eighth  Mile.    This  mile  commences  on  the  side  of  the 
hig   hill  or  mountain,  and  soon  comes  to  where  a  creek  passe> 


CANAL  LAWS,  kc. 


551 


this  cutting,  down  a  deep  gulf,  over  which  an  aqueduct  will  be  re-  AlTKNfUX 

quired  70  feet  high  and  5  chains  long*     Passing  on  them  the  1  v  ' 

hill  becomes  more  gradual  in  ascent,  and  against  Vedder's  Ferry 
a  bench  mark  where  a  road  goes  up  the  Mil — a  white  oak  with  a 
notch  cut  in  it.  This  place  appears  a  Kind  of  projection  of  th<- 
main  hill,  which  recedes  from  the  rivt  r,  and  this  secondary  1 1 i  1 1 
is  about  25  or  oO  feet  above  my  line  of  level  ;  thence  passing 
round  this  hill,  and  turning  off  northward  to  catch  the  greal  hill, 
along  which  I  pursue  to  the  end  of  this  mile.  The  ascent  is  va- 
rious on  this  mile,  generally  about  25  or  thirty  degrees,  and  tin- 
soil  some  rocky,  some  gravelly,  and  some  spots  sandj  . 

Eighty-ninth  Mile,  passes  along  the  side  of  a  mountain,  which  MDetSdt 
is  generally  40  degrees  angle  of  ascent,  and  the  hill  very  high 
above  the  line  of  level — rocky  and  bad,  at  end  against  Veddei 1 
tavern,  7  miles  from  Schenectady. 

Ninetieth  Mile.  At  the  commencement  of  this  mile,  we  come  Mile  90'h- 
to  a  small  creek  which  makes  its  way  through  the  mountain,  form- 
ing a  very  deep  gulf,  over  which  an  aqueduct  will  be  wanted,  8 
chains  long  and  70  feet  high  ;  or  by  rounding  up  the  creek  and 
passing  it  higher,  the  height  and  length  of  aqueduct  will  be  les- 
sened. Passing  on  thence  along  the  side  of  the  hill,  the  angle  of 
ascent  becomes  less  and  the  route  a  little  crooked,  to  the  end  of 
the  mile — and  the  soil  gravelly  and  stony  since  passing  the 
creek. 

Ninety-first  Mile.    This  mile  is  along  the  side  of  the  high  hill    !NIilc  9l5t 
which  forms  a  little  irregular,  making  however,  a  general  course 
of  the  Mohawk.     The  soil  gravelly  and  stony,  some  places  al- 
so, appearance  of  rocks.    The  angle  of  ascent  varies  from  20  to 
30  degrees. 

Ninety-second  .Mile.    This  mile  is  very  much  like  the  last,    Mile  92-v 
though  I  think  the  angle  of  ascent  is  generally  a  little  less,  and 
I  have  seen  no  rocks  on  this  mile. 

Ninety-third  Mile.  Pursuing  my  route  on  this  mile,  I  soon  Mil?  93d. 
found  the  line  of  level  making  round  the  point  of  the  hill,  and 
turning  off  northerly,  and  then  N.  W.  and  north  :  and  after  tak- 
ing a  view  of  the  country,  and  finding  by  my  instrument  and  by 
the  eye,  that  I  should  be  under  the  necessity  of  pursuing  a  north- 
erly and  N.  N.W.  direction,  many  miles,  in  order  to  find  ground, 
or  keep  on  ground  sufficiently  high  for  my  level,  (see  map  No. 
22.)  I  thought  it  best  to  abandon  the  level,  and  pursue  a  route 
for  Waterford,  taking  general  observations  of  the  country  :  these 
are  noted,  and  are  to  be  found  further  on,  between  map  No.  21 
and  22.  and  reference  is  made  particnlarlv  to  map  22. 


552 


CANAL  LAWS,  fee. 


1  will  only  state,  that  in  pursuing  my  route  through  to  Water- 
ford,  I  have  attempted  to  ascertain  the  fall  from  Schenectady  to 
Waterford,  and  find  it  197  T\2o  feet.  This,  it  will  be  perceived, 
differs  very  considerably  from  the  estimation  made  by  Mr.  Galla- 
tin, in  his  report  to  Congress,  where  he  fixes  it  at  168fVvfeet :  how 
this  can  be  reconciled  in  any  way,  without  supposing  Mr.  Wes- 
ton to  have  estimated  the  part  above  Lansing's  mills  erroneously — 
he  supposed  it  28  1-4  feet,  when  it  must  be  57  f  <?o  feet,  to  make 
my  level  correct. 

GENERAL  OBSERVATIONS. 

When  arrived  at  the  point  on  Map  20,  being  four  miles  from 
Schenectady,  I  examined  the  country  by  fixing  my  instrument 
in  certain  favorable  positions,  where  I  could  overlook  the  coun- 
try for  a  great  distance,  and  ascertain  the  height  of  the  same  in 
different  directions.    From  an  examination  of  No.  22,  it  will  be 
seen  that  (except  over  a  small  spot  N  E.  from  Alexander's  bridge,) 
the  whole  country,  from  4  miles  N.  W.  of  Schenectady  to  Water- 
ford,  in  a  direct  line,  and  for  a  great  distance  northerly  or  south- 
erly from  a  direct  line,  will  be  found  much  too  low  for  my  line  o 
level,  which  is — against  Schenectady,  about  176  feet  above  th 
surface  of  water  in  the  river.    I  have  given  this  general  view,  i 
order  to  account  for  not  proceeding  through  with  a  descriptio 
to  Waterford,  in  the  manner  I  have  brought  ij,  to  92  miles, 
shall  now  commence  a  general  examination  of  the  country  fro 
Rome  to  Waterford,  taking  it  up  by  sections  of  a  few  miles,  an  " 
referring  occasionally  to  the  maps  for  elucidation. 

It  is  a  very  singular  feature  in  the  geography  of  the  country,  tha 
the  ground  at  Rome,  between  the  Mohawk  river  and  Wood  creek 
(or  to  speak  more  extensively,  between  the  waters  of  the  Hudson 
and  the  St.  Lawrence  rivers,  at  Rome,)  will  be  found  much  low- 
er than  any  part  of  the  country  (out  of  the  immediate  valley  of  the 
Mohawk  river,)  between  Rome  and  near  to  Schenectady  :  and 
how  the  waters  of  the  Mohawk  have  found  their  way  through 
the  mountain  at  the  Little  Falls  and  the  high  country  below,  and 
particularly  about  the  Nose,  leaving  a  much  lower  country  behind, 
is  one  of  those  extraordinary  things  which  are  not  often  found  in 
geographical  descriptions  of  countries  ;  but  which  I  shall  not  at- 
tempt to  explain,  as  being  foreign  to  my  object.  And  I  will  on- 
ly say,  that  the  country  at  the  Little  Falls,  where  the  river  has 
found  its  way  through,  is  at  least  100  feet  above  the  land  be- 
tween the  Mohawk  and  Wood  creek  ;  and  the  same  may  be  said 
of  the  high  rocks  and  hills  immediately  at  the  river  at  Anthony's 
Nose. 

From  Rome  to  Nine  Mile  Creek. 


The  country  appears,  upon  a  superficial  view,  to  be  level,  or 
oiily  a  very  gentle  ri^e-northwardly  or  southwardly  from  Rome. 


CANAL  LAWS,  fcc 


653 


From  the  canal,  or  the  Mohawk,  as  far  down  as  Nine  Mile  creek,  APPENDIX 

to  go  northerly,  the  country  rises  at  about  20  feet  in  each  mile, 1  v  ' 

for  about  4  to  6  miles  :  it  then  rises  much  more  abruptly  and  forma 
about  20  or  25  miles,  the  great  dividing  ridge  between  the  Mo- 
hawk and  Black  river,  which  ridge  runs  northwesterly  and  south 
easterly,  and  beingelevated  6  or  700  feet  above  the  canal  at  Koine. 
On  the  south  of  the  canal  at  Rome,  the  country  rises  gradually  for 
25  or  30  miles,  there  forming  the  great  ridge  between  the  Mohan  lv 
or  Hudson  waters  and  the  waters  of  the  Susquehannah.  Thus  it 
will  be  seen,  by  an  examination  of  the  Surveyor  General'!  Map 
of  this  state,  that  this  great  valley,  formed  by  the  Mohawk,  ex- 
tends across,  and  to,  and  descending  with  Wood  creek  to  the 
Oneida  lake,  and  thence  westward,  falling  off  graduall  y  into  lake 
Ontario, 

From  Nine  Mile  Creek  to  German  Flats,  or  West  Canada  Gf&k* 

From  the  Mohawk  river,  northwardly,  between  Nine  Mile 
creek  and  Stauring  creek,  the  land  rises  gradually  for  about 
1  1-2  mile  from  the  river  ;  thence  becomes  more  and  more  as- 
cending,  as  you  go  from  this  last  point,  until  at  about  3  miles 
from  the  river,  you  are  elevated  from  2  to  500  feet  at  least  above 
the  river,  and  which  elevation  continues  until  you  find  the  stream- 
running  northeasterly,  into  West  Canada  creek,  toward  which 
there  is  a  great  descent. 

Taking  a  view  of  this  high  land  in  an  east  and  west  direction, 
it  will  be  found  that  the  end  next  to  Nine  Mile  creek  is  much  the 
lowest  part  of  this  high  country,  and  that  it  rises  easterly  until 
opposite  Stauring  Creek,  when  it  gradually  declines  towards  the 
village  of  Herkimer,  and  ending  with  abrupt  steep  hills,  about 
the  Canada  Creek  and  Mohawk  River. 

From  West  Canada  Creek  to  East  Canada  CrceL. 

This  tract  of  country  rises  into  steep  hills  near  the  Mohau  k 
River,  and  rising  gradually  as  you  go  northwardly  from  the  fix- 
er, forming  at  same  time,  rather  the  highest  part  of  this  tract  61 
country,  from  the  Little  Falls  northward. 

The  country  near  the  river  at  the  Little  Falls,  is  from  one  to 
two  hundred  feet  above  the  level  of  the  canal  at  Rome,  and  with- 
in  a  few  miles,  as  you  progress  north  it  rises  to  4  or  500  feet 
above  the  canal  at  Rome. 

Near  and  about  the  Little  Falls,  are  found  plenty  of  g  

lime-stone,  as  also  at  East  Canada  Creek. 

Let  it  not  be  understood  that  the  rocks  and  ledgefl  near  tl 
turnpike  below  Little  Full*  are  limestone;  thi>  not  ttV  «  '  • 
they  are  a  hard  granite,  and  hammer  but  poorly 

70 


654 

APPENDIX. 


CANAL  LAWS,  &c. 
From  East  Canada  Creek  to  Palatine. 


This  part  of  the  country  near  Canada  Creek,  and  for  2  1-2 
miles,  forms  a  pretty  level  surface,  immediately  on  the  high  land 
adjoining  the  river,  over  which  track  of  ground  the  turnpike 
passes.  This  ground  is  generally  too  low  by  20  to  50  feet,  and 
from  this  the  high  land  forms  in  some  places  gradually,  in  others 
more  abruptly,  shewing  points  or  spurs  of  high  ground,  which  ve- 
ry soon  forms  itself  into  a  high  range  of  country  N.  of  the  turn- 
pike, and  continues  rising  gradually  to  many  miles,  or  to  the 
head  waters  of  the  Canada  and  Garoga  creeks. 

From  2  1-2  miles  E.  of  Canada  creek  to  5  miles,  the  high 
land  forms  a  more  straight  and  higher  elevated  appearance,  near 
the  road,  shewing  in  many  places  appearance  of  several  different 
kinds  of  rocks  or  stones,  in  ledges  above  the  surface,  and  proba- 
bly much  more  under  the  surface.  From  this  last  mentioned 
point,  (5  miles)  to  Palatine  or  Garoga  Creek,  the  country  appears 
to  rise  much  more  gradually,  forming  as  it  were  rather  a  great 
valley  about  the  Garoga  Creek,  which  is  at  right  angles  with 
the  valley  of  the  Mohawk  river,  and  of  which  the  track  of  coun- 
try I  am  describing  forms  the  westerly  side  of  the  valley.  This 
tract  of  country  appears  to  be  lime  stone  over  a  great  part  of 
it,  in  some  places  near  and  above  the  surface,  and  in  others 
deep  in  the  ground. 

There  is  also  considerable  appearance  of  lime  stone  in  differ- 
ent spots  of  the  whole  distance  between  E.  Canada  Creek  and 
Garoga  Creek,  and  the  general  appearance  indicates  it  to  be  of  a 
good  quality. 

From  Palatine  or  Garoga  Creek,  to  Caughnawaga. 

From  information  obtained  at  Palatine,  I  was  induced  to  at- 
tempt finding  a  passage  for  the  canal,  by  taking  a  course  up 
along  the  easterly  side  of  the  valley  formed  by  the  Garoga 
Creek,  and  then  up  the  valley  formed  by  a  small  stream  which 
rises  N.  of  Stone  Arabia,  and  running  westerly,  falls  into  the 
Garoga,  and  from  the  head  of  this  small  stream  passing  eastward, 
and  fall  in  with  the  country  near  the  Mohawk,  at  Caughnawaga. 

For  this  purpose,  I  went  up,  carrying  up  the  level,  and  found 
upon  trial,  that  the  country  N.  of  Stone  Arabia,  was  more  than 
400  feet  above  my  line  of  level,  and  after  a  view  of  the  country 
from  the  highest  part,  I  found  it  rising  gradually  northward,  and 
falling  gradually  southward,  until  it  terminated  in  a  country 
about  and  near  the  Mohawk,  such  as  Anthony's  Nose,  the  level 
of  which  is  about  120  feet  above  my  line  of  level.  This  induced 
me  to  abandon  this  part  of  the  country,  and  pursue  along  thfi 
valley  of  the  Mohawk,  a  particular  description  of  which  has 
bepu  erivpn  on  the  immediate  track  where  the  line  of  level  passed. 


CANAL  LAWS,  fee. 


From  Palatine  to  Shepherd's, (opposite  the  mouth  of  Bowman's 
Creek,)  the  country  has  plenty  of  lime  stone  in  almost  every 
part  of  it,  and  it  rises  from  the  turnpike  road  northwardly,  very 
gradually  for  a  little  distance,  and  then  more  abruptly  and  irre- 
gularly, until  it  rises  N.  Easterly  to  the  high  land  about  Stone 
Arabia.  From  Shepherd's  eastwardly,  the  country  is  rocky,  (of 
granite)  until  half  a  mile  east  of  ConnoUy's  tavern;  here  the 
country  flats  away  a  little,  and  forms  on  a  general  view  the  west- 
erly side  of  a  valley  formed  by  the  large  creek  which  falls  into 
the  Mohawk  river,  near  Caughnawaga  village.  In  this  part  of 
the  country,  I  have  not  noticed  any  lime  stune. 

From  Caughnawaga  Village  to  Ilavihfs,  four  miles  from  Scke* 

nectady. 

This  section  of  the  country,  in  general  rises  pretty  abruptly, 
until  it  is  elevated  from  50  to  150  feet  above  my  line  of  level,  and 
is  generally  east  of  Tripe's  hill,  stony  or  rocky,  some  limestone, 
and  some  granite,  and  is  bad  for  forming  a  canal. 

The  country  between  the  easterly  side  of  Tripe's  hill  and  Caugh- 
nawaga ;  the  land  near  the  turnpike  road,  having  gained  an 
elevation  of  40  or  50  feet  above  my  line  of  level,  then  forms  some 
table  land,  which,  continuing  on  northerly  a  distance,  then  rises 
into  a  higher  country,  and  continues  rising  for  many  miles  north- 
erly :  this  is  more  particularly  about  Tripe's  hill,  and  westerly 
from  it.  Near  Caughnawaga,  the  hill  is  higher  and  steeper 
than  further  east. 

From  Havily's  eastward,  the  Aelplans  creek  forms  a  great  val- 
ley, and  extends  northerly  8  or  10  miles,  and  to  this  distance,  the 
whole  country  is  lower  than  the  line  of  level.  If  I  had  pursued 
the  instructions,  I  should  have  been  compelled  to  follow  around 
the  side  of  the  high  land,  along  near  the  red  dotted  line,  and 
crossing  ever  the  valley  and  branches  of  Aelplans  creek,  at  rr, 
and  having  arrived  at  6, 1  should  there  find  the  hill  too  high,  and 
should  be  under  the  necessity  of  pursuing  along,  probably  some- 
thing as  represented  by  the  red  dotted  line,  and  having  arrived 
at  c,  I  should  have  been  under  the  necessity  of  taking  a  northerly 
course  along  the  west  side  of  the  valley,  formed  by  long  lake, 
which  would  have  carried  me  northerly  to  within  2  or  3  miles  of 
Ballston  springs  :  this  elevation  of  ground  would  probably  have 
carried  me  on  with  my  level,  until  within  8  or  10  miles  of  Hud- 
son river,  at and  I  should  then  have  been  unable  to  pass  south- 
erly over  the  valley  of  Anthony's  kill. 

I  found  by  an  examin  ition,  that  there  was  no  land  (except  a 
small  section  represented  on  the  map  N.  E.  of  Alexander's  bridge) 
between  Havily's  and  Waterford,  sufficiently  hiixh  for  my  line  of 
level.  The  country  south  of  Anthony's  kill,  and  easterly  of 
Dwarf  kill,  and  north  of  Mohawk,  it  will  be  seen,  by  examining 


556 


CANAL  LAWS,  &c. 


APT'ENDIX.  ]yfap  22,  is  an  extensive  pine  plain,  with  an  undulating  surface, 
and  from  50  to  120  feet  below  the  level  required  ;  and  this  same 
elevation  continues  to  within  3  miles  of  Waterford.  The  soil 
through  this  tract  is  sandy. 

That  part  of  the  country,  northeast  of  Alexander's  bridge, 
which  has  been  noticed  as  high  enough  for  the  level,  is  found  to 
be  a  ridge  of  slate  land,  which  appears  to  cross  the  Mohawk  at 
right  angles,  below  Alexander's  bridge,  forming  perpendicular 
banks  of  slate  rock  upon  the  edge  of  the  water,  which  I  found  atg-, 
120  feet  above  the  water  in  the  Mohawk  at  Schenectady. 

I  took  notice  of  the  southerly  side  of  the  river  also,  and  as  far 
as  I  could  judge,  the  perpendicular  bank  next  the  river,  was  not 
as  high  in  any  instance,  as  that  above  mentioned,  on  the  north 
side,  by  40  or  50  feet. 

It  will  be  recollected  that  a  part  of  my  instructions  directed 
that  when  "  opposite  to  Schenectady,"  the  line  of  level  "  will 
"  have  reached  the  elevation  of  ground  north  of  that  village, 
"  and  that  with  little  elevation  a  course  maybe  found  running 
u  northward  towards  the  Kayaderosseras  creek.  This  stream 
"  will  supply  water  to  keep  on  still  further  in  a  northerly  course 
«  towards  Glen's  Falls,"  he. 

Presuming  that  the  committee  had  in  view  in  this  part  of  their 
instructions  a  connection  of  a  western  and  northern  canal,  and 
that  the  junction  should  be  formed  northerly  of  Schenectady. 
I  examined  the  country  by  observations  from  the  high  points  of 
land,  and  found  that  admitting  the  canal  from  the  west  was  car- 
ried on  to  G,  in  the  direction  of  the  dotted  line,  some  point  be- 
tween C  and  G  would  be  the  most  natural  plan  for  these  to  unite; 
and  I  can  only  say,  that  from  information,  and  a  cursory  view,  the 
great  valley  along  ihe  Kayaderosseras  creek  cannot  be  passed  (by 
a  canal  from  the  north  in  the  direction  of  Glen's  Falls)  on  the 
level  which  I  should  be  at  any  point  between  C  and  G. 

Finding  the  country,  therefore,  so  different  from  what  appear- 
ed to  me  to  be  the  wish  of  the  committee,  I  concluded  to  give  up 
that  part  of  my  work  for  the  present,  until  the  committee  should 
be  able  to  give  a  more  certain  level  to  pursue,  which  would  give 
them  more  information  than  the  one  I  was  directed  to  take. 

When  in  this  part  of  the  country,  I  learned  from  persons  of 
good  information,  that  the  country  north  of  Saratoga  lake,  and 
in  the  direction  as  far  as  Glen's  Falls,  is,  to  speak  generally,  level 
pine  land,  and  it  is  not  improbable  that  the  Hudson  river  near 
Glen's  Falls  is  considerably  above  the  surface  of  Saratoga  lake  ; 
and  as  I  have  been  informed  the  Kayaderosseras  creek  is  a  deep 
stream,  with  very  little  fall  for  many  miles  from  the  lake. 

The  country  also  between  Hudson  river  near  Glen's  Falls,  and 
the  south  end  of  Lake  George,  is  said  to  be  quite  level,  and  gene- 
rally of  sandy  soil. 

It  was  my  intention  to  have  given  a  few  observations  on  what 
!  have  noticed  by  looking  across  to  the  south  side  of  the  Mohawk 


CANAL  LAWS,  kc. 


at  certain  points;  but  having  understood  that  a  regular  survey  appendix. 

and  examination  of  that  side  was  determined  on,  I  defer  it,  lest v  ^  ' 

my  bird's  eye  view  of  some  important  places  may,  on  actual  sur- 
vey, prove  deceptive. 

LOTTERIES. 

At  Pages  328,  329,  is  given  a  statement  made  by  the  comp- 
troller in  1817,  of  the  sums  to  be  raised  by  lottery,  he.  The 
following  is  a  fuller  statement,  made  by  the  comptroller,  to  tin- 
senate  in  1825. 

Sums  of  money  and  other  appropriations  to  the  several  colh 

and  academies,  by  lotteries, 
Columbia  College,  New-York,  #54,755,  and  the  Bo- 


tanic Garden,  purchased  at  $70,000,  $124,755 

College  of  Physicians  and  Surgeons,  New- York,  69,600 
Union  College,  Schenectady,  $374,000,  and  ten  lots 

in  the  Military  tract,  containing  5,500  acres,  374,000 

Hamilton  College,  100,800 
College  of  Physicians  and  Surgeons,  in  the  Western 

District,  15,000 

Fairfield  Academy,  5,000 

Oxford  Academy,  (besides  lot  No.  25,  Sempronius.)  2,970 

Washington  Academy.  3.000 

Delhi  Academy,  6,000 

Montgomery  Acadcm}-,  1,418 
Albany  Female  Academy,  Middlebury,  Red-IIook  and 

Mount  Peasant  Academies,  $1,000  each,  4,000 

Lowville  Academy,  3,000 


$715,543 

Besides  the  following  grants. 
Johnstown  Academy,  lot  No.  36,  in  Johnstown,  half  an  acre. 
Cayuga  Academy,  275  acres  in  Scipio,  and  No.  89,  Cato. 
Pompey  Academy,  lot  No.  15,  Camilla-;. 
Courtland  Academy,  lot  No.  S5.  Homer. 
Seneca  Academy,  lot  No.  24,  Ulysses. 
Onondaga  Academy,  lot  No.  9,  Lysander. 
St.  Lawrence  Academy,  lot  No.  56,  Potsdam. 
Lowvile  Academy,  640  acres  on  St.  Lawrence  river. 


556 


(  ANAL  LAWS,  &s< 


APPENDIX 

RATES  OF  TOLL, 

CHARGED  ON  THE  ERIE  AND  CHAMPLAIN  CANALS. 

Adopted  March  3,  1823. 

Per  mile— Cents.  Mills. 

On  Salt,  per  ton, 
Gypsum,  per  ton, 

Flour,  meal  and  all  kinds  of  grain,  salted  provisions,  pot  and  pearl 

ashes  per  ton, 
Merchandize,  per  ton, 

Timber,  squared  or  round,  per  hundred  solid  feet, 
Boards,  plank  and  scantling  reduced  to  inch  measure,  and  all  siding, 
lath,  and  other  sawed  stuff  less  than  one  inch  thick,  per  thousand 
feet,  if  conveyed  in  boats, 
The  same,  if  conveyed  in  rafts, 
Shingles,  per  thousand,  if  conveyed  in  boats, 
The  same,  if  conveyed  in  rafts, 

Brick,  sand,  lime,  iron  ore,  and  stone,  wrought  or  unwrought,  per 
ton, 

Posts  and  rails  for  fencing,  per  thousand,  if  conveyed  in  boats, 
The  same,  if  onveyed  in  rafts, 

Wood  for  fuel,  excepting  such  as  shall  be  intended  to  be  used  in  the 

manufacture  of  salt,  which  shall  pass  free,  per  cord, 
Boats,  made  and  used  chiefly  for  the  transportation  of  property,  of  fif- 
teen tons  burthen  and  upwards, 
Boats  of  this  description  of  less  than  fifteen  tons  burthen,  and  on  all 

skiffs  and  other  light  craft, 
Boats,  made  and  chiefly  used  for  the  carriage  of  person?, 
Staves  and  heading — pipe,  per  thousand, 
do.  hogshead, 
do.  barrel  and  others, 

AH  iron  castings,  per  ton, 
Articles  not  enumerated,  per  ton, 
I  certify,  that  at  a  meeting  of  the  canal  commissioners,  held  on  the  3d  of  March,  1823, 
it  was 

Resolved,  That  the  foregoing  rates  of  toll  should  be  collected  on  the  several  articles 
above  specified,  for  passing  on  the  Erie  and  Champiain  canals,  and  that  the  increased 
rates  of  toll  should  take  effect  from  and  after  the  first  day  of  May  next. 

HENRY  SEYMOUR, 

Secretary  of  the  Board  of  Canal  Commissioners. 


0 

5 

0 

5 

1 

5 

3 

0 

1 

0 

1 

2 

0 

0 

2 

0 

4 

0 

3 

0 

0 

1 

0 

2 

0 

1 

5 

6 

0 

1 

0 

0 

7 

0 

5 

1 

0 

1 

0 

RATES  OF  TOLL, 

ON  THE  ERIE  AND  CHAMPLAIN  CANALS. 

Adopted  March  17,  1825, 

Cents.  Mills. 

On  salt  manufactured  in  this  state,  per  ton  per  mile,  5  0 

Gypsum,  the  product  of  this  state,  per  ton  per  mile,  0  5 

Brirk,  sand,  lime,  stone  unwrought,  clay,  earth,  leached  ashes,  manure 

and  iron  ore,  per  ton  per  mile,  0  5 


CANAL  LAWS,  he 


059 


■  "       i  -  _  _  Cents.  Mills.  APPENDIX. 

Ou  Household  furniture,  per  ton  per  mile,  1  0 

Timber,  squared  and  round,  per  100  solid  feet  per  mile,  I  ft 

Boards,  plank  and  scantling,  reduced  to  inch  measure,  and  all  siding, 

lath,  and  other  sawed  stufi  less  than  one  inch  thick  per  M.  feet  per 

mile,  if  conveyed  in  boats,  1  0 

The  same  if  transported  in  rafts,  per  mile,  2  0 

Shingles  if  conveyed  in  boats,  per  M.  per  mile,  B  2 

The  same  if  transported  by  rafts,  0  4 

Split  posts  and  rails  for  fencing,  per  M.  per  mile,  4  0 

The  same  if  transported  in  rafts,  S  ft 

Wood  for  fuel,  (excepting  such  as  may  be  used  in  the  manufacture  of 

salt,  which  shall  be  exempt  from  toll)  one  cent  per  cord  per  mile,  if 

in  boats,  1  0 

The  same  in  rafts,  2  0 

Staves  and  heading,  for  pipes,  per  M.  per  mile.  1  0 

Do.  for  hogsheads,  per  M  per  mile,  0 
Do.  for  barrels,  or  other  vessels  of  less  size,  0  8 

All  staves  and  heading,  if  transported  by  rafts,  twice  the  above  rate;, 
Boats  made  and  used  chiefly  for  the  transportation  of  property,  per 

mile,  2  0 

Boats  used  chvefly  for  the  transportation  of  persons,  excepting  those 

which  pass  on  the  junction  canal,  per  mile,  20  ft 

Boats  of  the  above  description,  which  pass  on  the  junction  canal,  and 

which  are  not  connected  with  the  regular  lines  of  boats  for  the 

transportation  ot  passengers  on  the  Erie  orChamplain  canals,  per 

mile,  CO  0 

All  articles  not  enumerated,  which  are  passing  towards  tide  water, 

per  ton  per  mile,  1  5 

All  articles  not  enumerated,  passing  from  tide  water,  per  ton  per 

mile,  ..  3ft 

Passengers  in  freight  boats,  estimated  at  150  lbs.  each,  per  ton  per 

mile,  1  ° 

Passengers  under  twelve  years  old  in  freight  boats,  to  be  estimated 

at  75  lbs.  each. 

Ordered,  That  hereafter,  the  above  rates  of  toll  be  charged  and  collected  on  theEr.'e. 
Cbamplain  and  Junction  Canals. 

STEPHEN  VAN  RENSSELAER. 
SAMUEL  YOUNG, 
HENRY  SEYMOUR. 
WILLIAM  C.  BOUCK 


GENERAL 

TABLE  OF  CONTENTS, 

OF  VOLUME  I. 

(Chronologically  arranged  from  the  year  1303,  to  the  year  1820,  im!u*.*c 


DOCUMENTS,  &c.  IN  1808. 

PAGE. 

Mr.  Forman's  resolution  in  Assembly,  February  4,  1308,  7 

concurred  in  by  the  Senate,  February  5,  1808,  8 

Mr.  Gold's  report,  (March  21,  1808)  from  the  joint  committee  on  canals,  3 

Resolution  thereupon,  B 

Concurred  in  by  the  Senate,  April  6,  1808,  1 1 
Section  from  the  act  of  April  11,  180S,  allowing  $600  for  expense  of 

exploring  route,  &c.  1 ' 
The  Surveyor  General's  appointment  of  James  Geddes,  to  explore  routc^ 

&c.  June  11,  1808,  II 

DOCUMENTS,  &c.  IN  1809. 

Report  of  James  Geddes,  January  20,  1809,  13 
Appendices  A,  B,  C,  to  his  report,  33,  34,  3£ 

DOCUMENTS,  &c.  IN  1810. 

Mr.  Piatt's  resolution  in  the  Senate,  March  13,  1810,  4*3 
concurred  in  by  the  Assembly,  March  15,  1810,  47 
Section  from  the  act  of  April  5,  1810,  allowing  £3000  for  exploring 
route,  &c.  47 
DOCUMENTS,  &c.  IN  1811. 

Report  of  the  canal  commissioners,  March  2,  1 81 1 ,  43 
Order  of  the  Senate  and  Assembly  to  publish  5000  copies, 
Law  of  April  8,  1811,  "  for  the  improvement  of  the  internal  mitigation 
of  the  state,  ^ 
DOCUMENTS,  &c.  IN  131  J. 
Report  of  canal  commissioners,  March  14,  181?,  «J 
Copy  of  application  to  Congress, 

to  the  different  states  and  ten  itones,  85 
of  letter  to  the  President  of  U.  S.  *J 
Report  of  the  commissioners  appointed  to  attend  at  the  seut  of  the  Gcu» 


INDEX. 


INDEX.     Message  of  the  President  of  U.  S.  to  Congress,  95 
 v      ■  *  Draft  of  a  bill  proposed  to  Congress,  to  be  passed  into  a  law,  for  appro- 
priating the  public  lands  of  the  Union,  to  the  different  states,  for  ca- 
nals, &c.  95 
Copy,  R.  Bowne's  letter  to  the  canal  commissioners,  (February  2, 
1812,)  on  the  subject  of  the  purchase  of  the  rights  of  the  Western  In- 
land lock  navigation  company,  100 
Legislative  proceedings  in  the  year  1812,  186 
Law  of  June  19,  1812,  "  further  to  provide  for  the  improvement  of  the 
internal  navigation  of  this  state,"  194 

DOCUMENTS,  &c.  IN  1813. 

Resolution  proposed  in  the  Senate,  (February  10, 1813,)  requiring  report 
ri'om  canal  commissioners,  101 

DOCUMENTS,  &c.  IN  1814. 

Report  of  Canal  Commissioners,  March  8,  1814,  102 
Schedule  of  lands  agreed  to  be  ceded  by  individuals,  &c.  106 
Bill  brought  in  to  repeal  3  sections  in  the  act  of  June  19,  1812,  and  pro- 
ceedings thereupon  in  the  legislature,  107 
Those  sections  repealed  by  the  law  of  April  15, 1814,  115 

DOCUMENTS,  &c.  IN  1816. 

Extract  from  Governor's  Speech  in  1816,  116 

Report  of  Canal  Commissioners,  March  8,  1816,  116 
Petitions  in  1816,  from  individuals,  towns,  cities  and  counties,  for  the 

canal,  &c.  119 

Memorial,  at  large,  from  the  city  of  New  York,  122 

Report  from  Joint  Committee  on  canals,  March  21, 1816,  141 

J.  Geddes'  statement  to  the  committee,  144 

B.  Wright's  statement  to  same  committee,  146 

Legislative  proceedings  in  1816,  149 

Synopsis  of  the  bill  as  it  passed  the  Assembly  in  1816,  167 

Mr.  Duer's  substitute  for  the  bill,  155 
Bill  as  passed  into  a  law,  April  17,  1816,  "  to  provide  for  the  improve- 

*'  mentof  the  internal  navigation  of  the  state,"  184 

DOCUMENTS,  &c.  IN  1817. 

Report  of  Canal  Commissioners,  Feb.  17,  1817,  196 

Report  of  Joint  Committee  on  canals,  March  18,  1817,  272 
Report  of  Canal  Commissioners  as  to  Champlain  canal,  March  19,  1817,  287 

Application  to  Congress,  293 

Letter  to  governor  of  Ohio,  297 

His  answer,  with  proceedings  of  General  Assembly  of  Ohio,  29S 

Information  stated,  as  to  Middlesex  canal  in  Massachusetts,  301,  320 

JLetters  to,  and  from,  Paul  Busti,  January  4,  1817,  308 

Letter  to  the  members  of  Congress  from  this  state,  311 

from  Philetus  Swift  312 


INDEX.  o<i 

Letter  from  Augustus  Forter,  313  INDEX 

from  M.  and  F.  Brown,  315  v  v 

from  Joshua  Forman,  316 
from  W.  Mynderse,  317 
from  J.  L.  Sullivan,  320 
from  W.  D.  Ford  to  president  of  canal  board,  and  answer,  323 
to  VV.  Bayard,  328 
Report  of  canal  commissioners,  as  to  their  expenses,  April  2,  1817,  329 
Comptroller's  certificate  thereof,  331 
Report  of  canal  commissioners  under  a  resolution  of  the  assembly  of 

April  3,  1817,  331 
Extract  from  Governor's  speech  in  session  of  1316  and  1  i>17,  334 
Answers  of  the  two  houses,  334,  335 

Legislative  proceedings  of  1817,  335 
Section  in  an  act  of  April  15,  1817,  allowing  $1000  for  expenses  under 

the  act  of  April  17,  1816,  35?] 
Act  "  respecting  navigable  communications  between  the  great  western 
M  and  northern  lakes,  and  the  Atlantic  Ocean,"  passed  April  15, 
1817,  358 
Act  authorizing  convicts  from  the  state  prison  to  be  employed  in  work 

on  the  canal,  April  15,  1817,  365 
Section  appropriating  $4,000  for  canal  expenses,  April  15,  1817,  365 

DOCUMENTS,  &c.  IN  1818. 

Extract  from  Governor's  Speech,  366 

Report  of  canal  commissioners,  Jan.  31,  1818,  366 

Names  of  canal  contractors,  382 

Legislative  proceedings  in  1818,  382 

Answers  of  Senate  and  Assembly  to  Governor's  Speech,  382 — 334 
Extracts  from  act  incorporating  Chitteniugo  canal  company,  relating 

to  Grand  Canal,  kc.  March  6,  1818,  337 

Act  relative  to  Buffalo  harbor,  April  10,  1818,  388 

Act  to  improve  the  funds,  and  for  redemption  of  funded  debt,  &c.  April 

it,  1818,  3S9 


DOCUMENTS  &c.  IX  181?. 


Extract  from  Governor's  Speech,  393 
Answers  of  Senate  and  Assembly,  397,  398 

Report  of  canal  commissioners,  Jan.  25,  1819,  393 
do.  on  Champlain  canal,  do.  417 

Tables  of  aqueducts,  culverts,  and  waste- weirs,  418,  419,  420 

Report  of  canal  committee,  Feb.  22,  1819,  420 
Their  enquiries  addressed  to  canal  commissioners,  and  the  answer 

thereto,  422,  424 

Legislative  proceedings  in  1819,  427 
Report  of  canal  committee,  on  improving  Oswego  river  to  Lake  On- 
tario, &c.  429 
Act  to  construct  Buffalo  Creek  harbor,  April  7,  1819,  431 


Act  concerning  the  Great  Western  and  Northern  Canals,  April  7.  1819,    4  3  J 


INDEX. 


INDEX.    Act  declaring  the  conditions  of  the  grant  from  the  Holland  Land  Com- 
 >    panVj  April  13,  1819,  435 

DOCUMENTS,  4-c.  IN  1820. 

Extract  from  Governor's  Speech,  437 
Report  of  canal  commissioners,  Feb.  18,  1820,  440 
do.    as  to  Champlain  canal,  do.  456 

Report  of  canal  committee,  March  14,  J  820,  458 
Letter  to  George  Huntington,  chairman,   &c.  from  canal  commis- 
sioners, 459 
D.  Thomas's  surveys,  &c.  of  Buffalo  harbor,  482 
Report  of  canal  commissioners,  Feb.  23,  1820,  respecting  survey  from 

the  mouth  of  Oswego  river,  &c.  489 
Letter  from  D.  S.  Bates,  Jan.  7,  1820,  490 
Proceedings  on  the  part  of  the  state  to  purchase  the  right  of  the  Wes- 
tern Inland  Lock  Navigation  Company,  502 
Law  of  March  30,  1820,  to  amend  the  act  respecting  navigable  com- 
munications, &c.  514 
do.  of  April  5,  establishing  salary  of  canal  commissioners,  516 
do.  of  April  12,  concerning  the  Erie  and  Champlain  Canals,  516 
do.  of  April  13,  for  their  maintenance  and  protection,  518 
do.  of  April  14,  appropriating  Grand  Island,  528 

do.  allowing  muskrats  to  be  killed  along  the  line  of  the 

canals.  528 


Examination  of  the  country  for  a  canal  from  Rome  to  Waterford,  on  the 
north  side  of  the  Mohawk  River,  by  B.  Wright  in  1811,  [In  Appen- 
dix.] 531 

Rates  of  toll,  adopted  in  1823,  [In  Appendix.]  558 
do.        adopted  in  1825,  [In  Appendix.]  558 

Extract  from  report  on  lotteries,  by  Comptroller  in  1825, [In  Appendix]  557 


Act  of  February  8, 1825,  directing  publication  of  this  work,  3, 

Names  of  canal  committee  in  1825,  5 

Letter  from  Surveyor  General,  to  W.  Darby,  38 

do*  from  J.  Geddes,  to  W.  Darby,  42 


TO  VOLUME  I. 

A. 

PAGE. 

Acts  of  the  Legislature,  (see  Laics,  Legislative  proceedings,  fyc.)  INDEX. 

Adams,  Mr.  •  1 1  v  v — ■ 

Adams,  A.  Mr.  149.  153,  9.  160,  2,  4,  6,  9.  17  J 

Adams,  T.  Mr.  150,  2,  3,  8.  160,  2,  7,  9.  17J 

Affidavits, 

of  the  Commissioners  who  appraised  the  amount  due  the  W. 
I.  Lock  Aavigation  Co.  for  their  right*.  505 

Agents, 

employed,  &c.  409 
(see  also  Canal  Commissioners.) 
Agriculture, 

aided  by  canals,  129 

Albany, 

route  from,  to  Oswego  alluded  to,  39 
descent  from  Lake  Erie  to  the  height  of  land  between  Alba- 
ny and  Schenectady,  61 
petition  from,  for  Canal,  119,  120 

lateral  canal  to,  &c.  266 
in  1817,  proposed  in  the  legislature  to  tax  Albany  for  the 

Canal,  2'M 
trade  to,  alluded  to,  476 
Albemarle  Sound,  B&  97 

Albert,  Mr.  2*1.  336,      Ml,  8,  6 

Alexander's  Mills,  26  :> 

Allegany  river, 

efforts  of  other  states  to  secure  the  trade  west  of  this  river,  7.  476 
Allen,  Mr.  108,  10.  174,  5,  6,  7,  8.  271.  340.  2,  3,  5,  C. 

351,  2,  3,  4,  5.  6,  7.  606,  10 
Allen's  Creek,  37.  56 

Ambler,  Mr.  |Wt.  336,  7,  8.  340,  2,  3,  5,  7,  H,  9 

Andrus,  Mr.  189.  191,  2.  3 

Angle,  Mr.  109,  1 !.  It,  N 

Annual  Reports. 

(see  Reports — Canal  Commissioners.  C  anal  Committees.  Li 
^islafive  proceeding^ 


:>od 


INDEX. 


INDEX.     Answers  of  the  Legislature  to  Governors  speeches. 

-"/  in  1816,  334,  6 

in  1818,  382,  4,  6 

in  1819,  397,  8 

see  also  legislative  proceedings. 
[After  the  year  1819,  the  two  branches  of  the  legislature  discontinued  the 
practice  of  returning  answers  to  Governors  speeches,  &c."| 
Appraisement  of  damages  on  lands — maps  of  those  lands  required,  3 
Appropriation  for  expenses,  by  the  act  of  April  5,  1810,  47 

(see  also  laws,  legislative  proceedings,  fyc.) 
Aqueducts,  arch  at  Oswego,  15 
alluded  to  265 
between  Utica  and  Seneca  river,  400 
at  Nine  Mile  Creek,  402 
their  elevations,  &c.  409.  411 

on  the  middle  section,  418 
Armstrong,  Mr.  507.  510 

Arnold,  Mr.  102.  186,  7,  8,  9,  190,  1,2,  3,  4 

Ashes,  pot  and  pearl,  473 
Assembly,  copies  of  this  work  for  that  house,  4 

(see  also  legislative  proceedings.) 
Atlantic  ocean,  reference  to  communication  with,  made  by  president  of 
the  U.  S.  7 
(see  legislative  proceedings,  laws,  canal  commissioners.) 
Atwater,  Mr.  102.  115.  174,5 

Auction  duties,  proposed  to  be  appropriated  in  part  in  1816,  143 
also  in  1817,  282 
granted  in  part  to  the  canal  in  1817,  362 
Austin,  Mr.  507,  9 

Avery,  Mr.  109,  11,  14 

Avon,  petition  from,  for  canal,  121 
Ayes  and  noes  (See  divisions,  and  the  names  of  members  alphabetically 
arranged  in  this  Index.) 


B. 


Babcock,  Mr.  383,  6.  507,  9 

Bacon,  Mr.  420,  9 

Baker,  Mr.  109,  111,  112 

Balize,  the  129 
Ballard,  Mr.                              10,  150,  2,  3,  9.  160,  2,  7.  172,  180,  2 

Ballou's  Creek  and  Ravine,  251 

Baltic  sea,  trade  to,  alluded  to,  63 

Baltimore,  132,  474 

freight  from,  277 

Bank  stock,  proposed  to  be  taxed,  143 

Banks  of  Canal,  inside  slope  of,  441 
Barber,  Mr.                              272,  336,  7,  8.  340,  1,  4,  7,  8,  9.  386 

Barker,  Mr.  174.  5,  6,  7,  8.  384.  427 


INDEX. 


Barkers,  culvert  near  to,  u  I  WMX 

Barley,  raising  of,  &c.  129  v      v  ' 

Barlow,  Mr.  1 1 

Barnes,  Mr.  tlit  3J6,  7.  340,  2,  4,  7,  8,  n 

Barney,  Mr.  150,  2,  3,  8.  160,  '2,  9,  172,  180,  2 

Barnum,  Mr.  109,  111,  US,  114 
Barstow,  Mr.  149,  154,9,  160,  2,  6.  170,  3.  181,  3.  271,  3H3,  386 
Bartow,  A.  A.  expenses  paid  him, 

Bates,  Mi.  174,  5,  6,  7,  3.  351,  2,  3,  4,  5,  6,  7 

Bath,  476 

Battey's  Brook.  217 

Bay,  Mr.  303 
Bayard,  W.  his  name  inserted  as  canal  commissioner,  in  bill  from  the 

assembly,  in  1316,  1 81 
letter  written  to,  &c. 
Bayley,  Mr.                              150,2,4,  8.  160,  2,  7,  9,  172,  181,  183 
Beach,  Mr.                  149,  152,  4,  8.  160,  2,  4.  345,  6,  8,  9.  384,  386 
Beaver-dam  creek, 

Beckwith,  Mr.  271,  336,  7,  9.  340,  2,  3,  5,  7,  8,  9. 

Beef,  474 

boats  with,  on  Canal,  12° 
Bees  wax, 

Belding,  Mr.  383,  386 

Belknap,  Mr.  383,  386 

Bellinger,  Mr.  109,  111,  112,  114 

Benjamin,  Mr.  189,  190,  191,  193 

Bennett,  Mr.  108,  110 

Benton,  Mr.          '  336,  8.  340,  1,  5,  7,  9 

Bevier,  Mr.  109,  111,  112,  114 

Bicknell,  Mr.       194,  5,  6,  7,  8,  9.  190,  1,  2,  3.  351,  2',  3,  4,  5,  6,  7 
Big  Bay  Creek, 

Big  Bone  Lick,  471 

Bigelow's  Creek,  201 

Bird  Island,  »,  23,  41,  144 
Bishop,  Mr. 

Blackash  Swamp,  15 

Bia^k  Creek,  alluded  to,  497  to  the  Tonnewant*                                2  1 

summit  between,  28 

where  it  empties,  (in  note)  23 
further  account, 

valley  of,      •  202 

Black  River,  P6,  93 

Black  Rock  Rapid  at  18,  20,  4„,  67,  1  M 

ferry  at,  18 

portage  to  store-house  at,  18 

velocity  of  the  water,  k£.  It,  19.  V 
to  Schlosser, 

vessels  and  trips,  :'] 

no  road  from  to  ischloiser,  1 1 
distance  In  Cayuga  Uinta* 


o68 


INDEX- 


INDEX,     Black  Rock, 

lower  store  Louse,  j(j 

steep,  ,  54 
Canal  to  begin  at  Buffalo  and  to  extend  2  miles  towards,  &c.  199 

proposition  to  make  a  habor  at,  referred  to,  487 

Blackstone,  Mr.  108,  110,  112, 114 
Blauvelt,  Mr.       150,  2,  9.  160,  2,  4,  6. 170,  336,  8.  340,  1,  3, 4,  5,  6, 8.  350 

Bleecker,Mr.  108,  110,  112,  114 
Bleecker,  B.  Mr. 

appointed  agent  to  receive  the  amount  awarded  to  the  W.  I. 

L.tN.  Company,  and  his  receipt  therefor,  «50# 

Blockhouse,  146 

Bloodgood,  Mr.  102,  174,  6,  7,  8.  186,  7,  8,  194 

Bloody  Run,  21,35 

Bloom,  Mr.  1 74,  5,  6,  7,  8.  351 ,  2,  3,  4,  5,  356 

Bloomfield,  petition  from,  for  canal,  121 

Bluff  point,  30,  36 

Boards,  287,  8 
Boat  navigation, 

alluded  to  and  considered,  48,  49,  50,  51 

Boats  on  the  St.  Lawrence,  473 

Bockee,  Mr.  507,  8,  10 

Boston  to  Barnstable  bay,  95,  96 

see  also  Massachusetts. 

Bouck,  Mr.            108,  111,  112,  114,  150,  2,  9,  160,  6,  9.  172,  384,  6 

Bough  ton,  C.  V.  Mr.  5 

Bowen,Mr.  272,  337,  8,  340,  1,  4 

Bowker,  Mr.  109,  110,  112,  114 

Bowne,  Mr.  351,  3,  4,  5,  6 

Boyd,  Mr.  109,  190,  2,  3 

Boyle  summit,  29,  146 
Braddock's, 

reef  of,  494 

Bradley,  Mr.  109,  112 

Bragg,  Mr.  507,  10 

Brainard's  wheelbarrow,  alluded  to.  442 

Brasher,  Mr.  150,  9,  162,  6,  172,  18*,  3 
Brayton,  Mr.      109,  110,  113,  114,  150,  2,  4,  8,  160,  3,  7,  9,  172,  189 

190,  2,  3,  383,  6 

Bread  creek, 

alluded  to,  .  241 

waste  weir  at.  420 

Breccia,  406>  445>  6 

Brett,  Mr.  10 

Brewster,  Mr.  10 

Bridges,  (See  report  of  canal  commissioners.)  205,  265,  400 

BriggsJ.  .  *  * 

employed  as  an  engineer*  &c.  «* 

his  operations  between  Rome  and  Ulicn.  370 

to  explore  and  resurvey,  kr. 


INDEX. 


560 


*ri**»>  I-  Dim 
expenses  paid  lain,  .jjj;  ^ 

Bristol,  Mr.  lift,  190,  2,  3 

British  channel  near  Buffalo,  45 
Broads trcet's  Island,  16,  33,  31 

Brodhead,  Mr.  I  Hp,  191   2  3 

Brodhead  C.  C. 

employed  as  engineer  between  Rome  and  Schoharie  creek,  2  17 
his  snrvey,  &c.  alluded  to.  26  1,  26f> 

expenses  o£>  331 
Bronk,  Mr.  333,  q 

Bronson,  Mr.  109,  110,  Ml 

Brother,  Mr.  189,  190,  2,  3 

Brown,     r.  fat,  336,  9.  310  2,  4,  7,  8,  9.  353 

Browns,  Messrs. 

letter  referred  to,  #  20  j 

at  large,  3 1  , 

Brown  brook,  Brandy  brook,  Beaverdam  creek,  Butternut  creek,  Bread 
creek, 

embankments  at.  414 
culverts  at,  419 
Brown,  J. [Mr.  149,  154  9,  162,  4,  7,  9.  1*2 

Brown,  O.  Mr.  150,  2,  4,  8,  160,  4,  7,  9.  H2 

Brown,  R. 

his  letter  to  cana  1  commissioners,  101 
Brown,  T.  Mr.  150,  3,  4.  160,  2,  4,  6,  9.  172.  181 

Brunswick  and  Trenton  canal,  1 J  5 

Bruyn,  Mr.  186,  7,  8.  194 

Bryan,  Mr.  189.  190,  2.  .; 

Buell,  Mr.  10 
Buffalo,  to  Niagara  garrison,  mail  leaves  our  territory,  <fcc.  2  1 

petition  from,  for  canal,  '  ' 

its  distance  to  New-York,  &c.  1  ->7 

freight  from,  to  Albany,  New- York  and  Montreal,  128.  277 

to  Rome,  1  : 1 

to  east  end  of  level,  west  of  the  Genesee,  20 1 

Buffalo  creek,  canal  commissioners  decide  to  connect  west  end  of  the 
canal  with  L.  Erie,  through  the  mouth  of,  192 
commissioners  commence  in  the  Little  Buffalo  creek,  199 
act  concerning  harbor  at,  April  7,  1819, 

D.  Thomas'  survey  of,  kc  . 

alluded  to,  481 
Buffalo  harbor,  law  concerning,  April  10,  181 S, 

D.  Thomas1  report  relative  to, 

Little  Buffalo. 
Buffalo  lake, 
Bullet's  lick, 

Burcb,Mr.  190«  "  J 

Bolton.,  Mr  TO-  340, 1,  1.  7,  8,  0 

Burr.  Mr.  m'  191 '  :  1 


4r.-2 

Af\2 
127 

to  7 


INDEX. 


INDEX.     Burt,  Mr.  10.  150,3,4,9.  160,2,4,  6.  173.  180,3 

W  Bush,  Mr.  383,  6 

Busli,  P.  cessions  of  lands  from,  106 

letter  to,  308 

answer  from,  308, 9 

Butter,  129 

Buttermilk  falls,  55 

Butternut  creek,  52.  234 

aqueduct  at,  418 

feeder  from.  450 

Buzzard's  bay-  95.  96 

C. 

Cadwell,  Mr.  508,  10 

Calculation  of  expense,  Ac.  49 

(See  expense  aod  estimates.) 

Caledonia — petition  from,  for  Canal,  119 
Callender,  Mr.                                 272.  337,  8.  340,  1,  4,  6,  8.  350 

Cameron,  Mr.  384 

Camillus— Town  alluded  to,  38 

marl  meadow  in,  40 
Camp,  Mr.  272.  337.  341,  2,  5,  7,  8,  9.  507,  8,  10 
Campbell,  Mr.         150,  2,  4,  9.  160,  2.  172.  180,  2,  9.  191,  2,  3,  271. 

336,  7.  340,  1,  4,  7,  8,  9.  508,  10 

Camp's  brook,  211,  239 

Canada  creeks,  (East  &  West)  52 

Canandaigua  Lake,  52,  3,  5.  218 

do.      Outlet,  146,  218 

Canajoharie  Creek,  261 

Canal  Commissioners,  names  of,  March  13th,  1810,  46 

report  of,  March  2d,  1811,  48 

April  8, 1811,  their  powers  and  duties,  70 

appropriation  of  $ 1 5,000  in  1 8 1 1 ,  70 

report  underact  of  18 II,  71 

apply  to  Congress  and  the  President  of  the  (J.  S.  71 

and  to  different  states,  72 

they  view  the  country,  &c.  74 

sent  deputation  to  Washington,  71.  88 

report  of  deputation,  91 

deputation  wait  on  committee  of  Congress.  93 

powers  of,  under  act  of  1 8 1 2,  194 

report  of,  March  8, 1814,  102 

powers  of  do.       do.    of  1816,  184 

report  of,  March  8, 1816,  1 16 
§20,000  appropriated  towards  the  expense  of  executing  those 

powers,                   '  186 

acts  of  1811  and  1812  repealed  by  the  act  of  1816,  186 

tUtey  meet  at  N.  York,  Mav  1%  1316,  T97 


INDEX. 


Canal  Commissioners,  agreed  to  appoint  engineers,  $c.  197  INDEX, 

examine  Middlesex  canal, 
meet  at  Utica,  July  15,  1816, 
explore  route,  &c. 

determine  on  dimensions  of  canal  and  locks, 
their  powers  and  duties,  under  act  of  April  15,  1817, 
$4,000  to  be  paid  them, 
report  of  February  17,  1817, 

do.        do.  on  Chatnplain  canal, 

do.        do.  as  to  their  expenses, 

do.        under  resolution  of  April  5\K 

do.        January  31,  1818, 

do.  do.  25,1819, 

do.        on  Champlain  canal, 

do.        February  18,  1820, 

do.        do.  on  Champlain  canal, 

do.        do.  23,  1820,  survey  of  Oswego  river. 
Canal  Committees,  duty  of  under  act  of  1825, 
names  of, 
report  of  in  1816, 
report  of  in  1817, 
report  of  in  February  22,  1819, 

do.    of  in  March  14th,  1820, 
Canal  Contractors  and  Contracts,  names  of  in  1817,  &c. 
contracts  sought  after  with  avidity, 

persons  who  had  relinquished  their  contracts  in  1819,  427 
CANAL  ERAS. 

1803.  First  hint  of  "tapping  Lake  Erie"  by  G.  Morris,  39 

1808.  Feb.  4.  First  legislative  proceedings  on  the  subject  of 

the  Grand  Canals,  7 
March  21.  First  report  from  a  committee,  ■ 
April  11.  First  appropriation  of  money  to  explore 

route,  &c.  1 1 

1809.  January  20.  First  report  of  such  exploring,  &c.  13 

1810.  March  15.  First  Canal  Commissioners  appointed  by 

resolution,  46,  47 

1811.  March  4.  First  report  of  Canal  Commissioners,  48 
April  8.  First  law  passed  on  the  subject  of  the  Grand 

Canals,  70 
1312.  March  14.  First  report  of  Canal  Commissioners  under 

any  law,  7 ! 

First  application  to  Congress  for  aid,  and  also  to  thi 
different  states  and  territories  in  the  U.  S.  made  du- 
ring Dec  1811,  and  some  months  preceding  in  that 
year,  88.  89.  90.  91 

1816.  April  17.  First  Canal  Law  passed  after  the  war  with  G. 

Britain  had  ceased,  184 

1817.  Febraury  17.  First  report  of  Canal  Commissioners  af- 

ter the  war,  under  the  last  preceding  law,  196 


INDEX. 


INDEX.     C  ANAL  ERAS* 

1817.  March  18.  First  report  of  a  financial  system,  establish- 
in*  a  Canal  Fund,  (made  by  a  committee,  Mr.  Ford 
chairman,)  272 
M  April  15.  First  law  establishing  a  canal  fund,  and  di- 
recting" the  canal  to  be  commenced,  &c.  358 
n  June  17.  First  contract  made  with  individuals  to  com- 
mence the  work  in  making  the  Canal  under  the  law 
of  April  15,  1817,  371 

1817.  July  4.  First  excavation  commenced,  371 

1818.  Between  July  4,  1817  and  January  31st.  1818,  the  dis- 
tance contracted  to  be  made  58  miles,  and  15  miles 
of  it  considered  as  completed,  &c.  373,  374 

1818.  From  August  10  to  Dec.  10.  between  two  and  three 
thousand  men,  with  half  as  many  horses  and  cattle, 
and  a  great  variety  of  mechanical  inventions  unre- 
mittingly employed  in  constructing  the  canal,  &c.  405 

1819.  From  January  31,  1818,  to  the  succeeding  season  (in 
1819,)  117  miles  of  the  canal  completed,  393 

1819.  The  whole  middle  section  of  the  Erie  canal  (96  miles 
in  length)  completed  by  October,  including  the  lat- 
eral canal  at  Salina,  413,  437 
And  12  miles  of  the  Champlain  canal,  417 
In  2  months  of  good  weather  from  January  1819,  will 
complete  the  whole  excavation,  417 
1819.  Villages  rapidly  rising  on  the  borders  of  the  canal,  437 
October  23.  The  Canal  was  opened  with  great  cere- 
mony, and  navigated  by  canal  commissioners  from 
Utica  to  Rome,  437 
Nov.  24.  Champlain  canal  in  a  navigable  state,  437 
In  2  years  and  5  months,  120  miles  of  Canal  navigation 

were  completed,  437 
Average  expense,  per  mile,  of  96  miles,  (the  whole 

length  of  the  middle  section)  was  $1 1,792  451 
In  Dec.  water  was  admitted  into  the  Champlain  Canal, 

and  the  canal  navigable,  456 
Whole  length  of  Erie  Canal,  353  miles, 

do,  Champlain,  61 


Total    414  miles.  465 

(Continued  in  Vol.  II.) 
Canal  Fund,  143,  281,  2,  3,  4,  5.  323 

i  nstituted  by  law  in  1 8 1 7,  358 
commissioners  of,  proposed,  281 
their  powers  and  duties,  358 
copies  of  this  work  for  commissioners  of,  4 
Canasaraga  creek,  Chitteningo  creek,  Cold  Spring  brook  and  Crane 

brook,  aqueducts  at;  418 
Canasaraga  creek  alluded  to,  53,  230 


INDEX. 


Canastota  creek,  Cluttcningo  creek,  Cadwell's  swamp,  Canasaraga.  1NDKX. 

creek,  Crane  brook,  embankments  at,  v 
Canastota  creek  referred  to,  :  1  ' 

Canesus  Lake,  55 
Cantine,  Mr.  174,  5,6,  7,  8.  271,334,351,  2,3,  4,  5,  8,  7 

Carll,  Mr.  102,  150,  3,  4,  9.  160,  2,  4,  6.  170,  3.  IKO,  3,  6,  7,  8.  194,  271 

337,  340,  3,  4,  6,  8. 

Carman,  Mr.  109,  111,  112,  114,  149,  153,4,9.160,2,4,6.  170,3.  181,3 

191,  2,3.  337,  9.  340,  1,3,  5,  U,  8.  350,  384,6.427. 
Carpenter,  Mr.  189.  191,271,  337,9.  J  to,  1,  5,  7,8,  9 

Carpenter's  brook, 

Carrington,  Mr.  101,110 
Case,  Mr.  MS,  7.  507 

Catfish  creek, 
Cattle,  (see  horses) 

<  aughanoy,  reef, 

do.  creek, 
Cayuga  county,  proposition  to  tax  it.  1817, 

mail  in, 

<  ayuga  Island, 

rapid  at, 
creek, 

marshes,  21.144,146.219 
draining  of  marshes, 
above  Troy  level, 
outlet  of, 

Cayuga  lake,  to  Three  River  Point,  distance, 
rise  of, 
lowering  of, 
below  Seneca  lake, 
distance  to  Onondaga  salt  works, 
lower  than  Rome, 
where  it  lies, 

difficulties  of,  as  to  canal  suggested, 
descent  from  L.  Erie  to, 

side  cut  to,  " 

freight  from,  to  Montreal. 

Cayuga  outlet,  , 

Cedars,  cascade  at,  l0(J  332  3g0 

Cessions  of  lands  for  canals. 

See  lands,  &c.  ....  to3JJ0 

Champlain  canal,  f  }  1  - 

report  of  commissioners  on,  in  18K, 

(See canal  commissioners.) 
^"^fl-ec.^  a  by  a  canal  rt»  »  IIudsoD,  rc^a  t 


1  1 

33 


2! 
36 


28,  29 
29 
146 

86 

27 

23 
30 
38 
53 
55 
61 
60 

». ; 


1816, 

trade  from,  r 
report  of  canal  commissioners  relative  to.  .n  181  - 
'See  canal  commissioners.  ^  c 0 


I4f 


INDEX. 


INDEX.    Chapin,  Mr. 

Chapman,  Wm.  his  opiuion,  &c. 
Chase,  Mr. 

Chautauque  county,  petitions  from,  for  canal, 

proposition  in  1817  to  tax  it, 
Chenango,  waters  of, 
Chesapeake,  communication  with, 
Chesnut  ridge,  teams  passing  at,  &c. 
Chicago, 

Child,  Mr.  149.  152,  8.  160,  3,  4. 

China,  running  canals  of, 

its  canals  alluded  to, 
Chippewa  to  Queenston,  transportation,  &c. 

Chitteningo  Canal,  provisions  in  the  act  incorporating  it,  having  rela- 


149.  152,8.  160,3,5,  7,9.  172 
27 
508, 10 
121 
284 
54 

63.  95,  6,  7 
474 
127 

172.  272.  335,  6.  341,2,  5,  7,9 
23.  4 
81.  124 
63 


tion  to  the  Erie  canal, 
Chitteningo  Creek, 
Chowan  River, 
Christianna  to  Elk,  canal, 
Christie,  Mr. 
Christman's  Rapid, 
Cincinnati, 

Cities,  anticipated  that  they  will  rise  up  on  banks  of  canal,  &c. 


149,  153,4,  8.  160,  3,4,7,9 


387 

30.  38.  52.  231 
96,  8 
135,  6 
172 
55 
478 
129 


102,9.  111.  112.  114.  175,6,7,8.  189.  190,1,2,3.  427 

387 
217.  251 
112.  114 


208. 
109. 


Clark,  Mr. 
Clark  2d,  Mr. 
Clark's  Brook, 
Cleland,  Mr. 

Cleveland,  Mr.  127 

Clinton  County,  in  1817,  proposition  to  tax  it,  284 

forges  in,  &c.  288 

Clinton,  D.  W.  on  a  division,  April  6,  1808,  10 
as  canal  commissioner,      41.  46.  69.  70.  87.  88.  91.  101,6.  118 
167.  270.  330,  4.  381.  417.  426.  440.  456 

his  motion,  on  bringing  in  a  bill,  March  2,  181 1,  69 

appointed  by  law  of  1812  canal  commissioner,  194 

do.          do.      of  1816,  184 

his  letter  in  1817,  as  to  a  canal  fund,  &c.  323 

his  speech  as  governor  in  1818,  366 
do.  in  1819, 
do.  in  1820, 
(See  also  Canal  Commissioners.) 
Close,  Mr. 
Clyde, 

canal  from  the  Forth  to,  134 

rillageof,  511 
Cochran,  Mr.                                           115,  174,  5,  6,  7,  8,  356,  7 

Coddington,  Mr.  189,  191,  2,  3 
Coe,  Mr.                                  '                                11,  187,  8.  194 

Cohoes  Falls,  136,  266 

Colby,  Mr.  189,  190,  2,  3 

Colden.  0.  D.  Mr.  383,  7 


INDEX 


Cohleu  C.  D.  Mr.  and  others,  canal  committee,  ,  INDKX. 

memorial  from,  and  others,  for  canal,  1 19  v^-v~w 

Cold  Spring,  242 
Cole,  Mr.  149,  lf>3,  162,  o,  G,  9,  173.  189,  190,  2,  3.  384 

Coles,  Mr.  109,  110,  113,  114 

(  olumbns,  in  Ohio,  478 
Colvard,  Mr.  189,  191,  2,  3.  510 

Commerce,  aided  by  canals.  i  g  9 

<  'omptroller, 

duty  under  act  of  1825,  to  pay  expense?,  kc.  i 
report  of  in  1820,  013 
report  of  in  1817,  1818,  1819,  4t8 

Comstock,  Mr.  11,  189,  190,  2,  3 

Concord  river, 

Conemaugh  salt  works,  17  7 

Confirmation  of  amount  awarded  the  W.  I.  L.  N.  Company,  by  S.  Court,  505 
Congress,  see  United  States. 

Conklin,  Mr.  109,  112,  114,  271,  337,  9,  340,  3,  5,  421 

Connecticut,  (state  of)  applied  to, 

Convicts  may  be  employed  on  canal,  &c  305 
Cook,  Mr.  272,  340,  1,  3,  4,  5,  6,  8,  350 

Coon,  Mr.  190,  2,  3 

Cooper  river,  96,  98 

Copper,  coal,  cheese.  |3f 
Copy-right  of  this  work  secured, 

Corn,  129 
Corson,  Mr.  271,  337,  8,  9,  340,  1,  3.  4,  5.  C,  8,  350,  3f.fi 

Cost  of  canal  considered,  (see  expense,  &c.)  64,  5,  6,  7 

Coteau  du  lac  rapid,  50 
County  clerks  to  have  a  copy  of  this  work, 

Coursen,  Mr.  149,  153,  4,  9,  1G0,  2,  5,  170,  3,  183,  384 

Coventry  (in  England)  has  73  miles  level  navigation,  30 
Cowasselon  creek,  2  23 

Cowaston  creek,  Chitteningo  creek,  CadwelTs  swamp,  Canastota  creek, 

Camp'9  brook,  and  Carpenter's  brook, — culverts  and  waste  weirs  at,  4 20 
Crafts,  Mr.  109,  110,  113,  114 

Cramer,  Mr.  ,  149,152,  4,  8.  160,  3,  5,  7,  9.  173,  180 

Cranberry  Marsh.  15,  17,  18,  3t 

Crandall,  Mr.  507,  8,  10 

Crane  Brook,  243 
Crippin,  Mr.  I5S,  4,  9.  1C1,  2,  4,  9.  173 

Crittendon,  Mr.  383,  387 

Crocker,  Mr.  507,  509 

Crooked  Lake,  53,  55 

Crolius,  Mr.  271,  336,  8,  9.  341,  3,  5,  C,  8.  350,  384,  6.  427,  508,  509 
Crosby,  Mr.  174,  5,  6,  7,  8.  189,  191,  2,  3.  351,  2,  3,  4,  5,  6,  7 

Cross  Lake.  53,  16 

Cruger,  Mr.  lOfl 

Cock,  Mr.  rrs,  wr,  a,  i<  sta,  \t »,  -  i  r> 


576 


INDEX. 


L\DEX.     Culverts  at  Oswego, 
v— — v«— ^  their  number  stated,  and  uses  defined, 

on  the  middle  section  of  the  Erie  Canal, 
Curtiss,  Mr.  150,  4,  8, 

Cyclopedia,  (Rees,)  quoted, 


16 


id 

411 
410 

3,  4,  7,  170 
17,  24,  27 


D. 


Damages,  to  the  lands  through  which  the  canals  are  made,  map  thereof 

required,  3 

Dantzic,  trade  to,  alluded  to,  63 

Darby,  W.  letters  to,  38,  42 

Davis,  Mr.  383 

Day,  Mr.  271,  336,  9.  341,  2,  3,  4,  5,  6,  9 

Dayton,  Mr.  115, 174,5,  6,  7,  8.  351,  2,  3,  4,  5,6,  7 


289 
509 
252 
109,  110 
189,  190,2,3 
508,9 
136* 

63,  64,  96,  98 
96 

113,  114 
109,  110,  112,  114 
477 
60,  61 
137 
137 
137 
452 


Dead,  creek, 
Dean,  Mr. 
Dederick?s  creek, 
De  Forest,  Mr. 
Delance,  Mr. 
Delano,  Mr. 

Delaware  and  Chesapeake  canal, 
Delaware  river,  communication  with, 
Delaware,  state  of,  its  proposed  share  of  public  lands, 
Denning,  Mr. 
Dennis,  Mr. 
Dennon's  licks, 

Descents,  from  Lake  Erie,  stated, 

from  Tonnewanta  to  Seneca  river, 

from  Seneca  river  to  Rome  summit, 

from  Rome  summit  to  Hudson  river, 

from  the  Genesee  to  the  Seneca  river, 
(See  also  summits.) 
Detroit  127 
Devil's  hole,  21.  35 

Devil's  horn,  493 
Dewey,  Mr.  152,  4,  9.  t61,  2,  5,  6,  9.  180, 2 

De  Witt  S.  (See  also  surveyor  general)  his  name  as  canal  commissioner, 

41.  46.  69.  70.  87.  106.  118.  194 

Deyo,  Mr. 

De  Zeng,  major,  his  superintendence,  &c. 
Dickenson,  Mr. 
Deitz,  W.  Mr. 
Deitz,  J.  Mr. 

Dill,  Mr.  150,  4,  0.  16Q,  5,  6.  9.  173 

Distances, 

See  also  Geddes'  report,  &c. 
Ditmis,  Mr. 

Division,  lake; 


337 
109. 


427.  508 
317 

340,  2,  4,  8,  9 
111.  113.  114 
109.  110.  114 
180,2.  508.  510 
14.  15.  212 
51 

351,  %  3,  4;  5,  6,  7 


INDEX. 


611 


Divisions  (ayes  and  noes)  on  questions,  INDEX. 
April  G,  1808,  on  question  to  postpone  Mr.  dold's resolution,  10,  11 

1812,  June  5,  on  the  first  section  of  the  bill  in  the  Senate, 

on  the  3d  section, 
June  7,  on  expunging  the  3d  section  and  introducing 
so, 

June  9,  on  recommitting  the  bill, 

on  rejecting  bill, 
June  17,  on  the  first  section  in  the  assembly. 

on  the  3d  section, 

on  introducing  a  proviso, 

on  the  whole  bill, 
June  18,  on  postponing  the  amendments  in  the  Senate, 

1813,  Feb.  10,  to  require  canal  commissioners  to  report,  &c. 
1314,  March  24.  to  expunge  certain  words  from  repealing  law. 

on  receiving  a  clause  as  a  substitute, 
April  13,  on  receiving  a  clause,  kc. 
do.  do. 

do.    15,  on  passing  repealing  section,  kc. 
March  29,  on  going  into  committee  of  the  whole,  on  bill  M  for  im- 
proving the  internal  navigation,  &c.  149 
April3,  on  motion  to  strike  out  the  clause  to  purchase  out  W. 

L  L.  N.  Company,  131,  t 

Aprils,  on  motion  to  strikeout  allowing  canal  commissioners 

to  commence  operations,  &c.  153,  4 

April  10  and  11.  on  receiving  an  entire  new  bill  as  a  substi- 
tute, 155,  6,  7,  8,  9.  161,  2,  3 
April  10,  to  add  a  proviso  restraining  the  commissioners  from 

commencing,  kc.  159,  1G0,  f 

April  13,  on  the  number  of  canal  commissioners,  163,4.  > 

do.       on  imposing  the  local  tax  of$2j0,000,  165,  6,  7 

do.       on  the  whole  bill  (which  was  offered  as  a  substitute 

on  the  10th  and  11th.)  167,8,9.  170 

April  15th,  on  postponing  the  bill  after  the  third  reading  there- 
of, 170,1,2 
on  the  final  passing  of  the  bill  in  the  assembly,  172,  3,  4 

April  16,  on  going  into  committee  of  the  whole  in  the  Senate,       17  X 
on  striking  out  every  sectiou  after  the  5th  1 7;> 

April  17,  on  rejecting  the  bill,  W 
on  the  number  of  canal  commissioner-.  176,  7,  8 

on  the  whole  bill, 

on  concurring  with  the  Senate,  kc.  180,  1,  2,  3 

1817  February  17,  on  publishing  2000  copies  of  the  report  of  the  canal 

'  •    •  ■  '7  ! 

commissioners,  - 
April  8,  on  the  section,  relating  to  the  local  tar,  kc.  335.  G.  33;: 

339,  340,  311,  312,  3,  4,  5.  7 
on  the   part  relating  to  appropriations  far  foreign  poor, 

&c  337.  8,  346.  347 


073 


INDEX, 


INDEX.     181  VApril  8, 

 v  '  on  the  duty  on  salt, 

on  rejecting  the  whole  bill,  343,  4 

on  the  whole  bill,  349,  350 

April  14,  on  the  1st  section  in  the  Senate,  351 
on  the  2d  section,  352,  3 

on  the  3d  section*  353 
on  the  4th  section,'  353,  4 

on  the  5th  section,  354 
on  taxing  passengers  in  stage  coaches,  354,  5 

on  making  the  loans  on  the  credit  of  the  stale,  355,  6 

on  the  duty  on  salt,  356 
on  the  local  tax,  356 
April  15,  on  recommitting  the  bill,  356,  7 

on  concurring  with  the  assembly,  kc.  357 

1818,  February  10,  on  agreeing  with  the  answer  reported  to  the  Gov- 

ernor's speech,  383,  4 

April  1,  on  the  section  suspending  the  powers  of  the  commis- 
sioners of  the  canal  fund,  till,  &c.  386,  7 

1819,  March  8,  on  the  2d  section  requiring  the  canal  commissioners  to 

commence  operations,  &c.  427 

1820,  March  13,  on  appropriating  $25,000  for  improving  navigation  of 

Oswego  river, 
on  the  whole  bill, 
March"  14,  on  the  third  and  last  leading  of  the  bill, 
Dodge,  Mr. 
Uoolittle,  Mr. 

Doolittle,  U.  Mr.  expenses  paid  him, 
Donations  from  individuals  anticipated, 
made, 

Doty,  Mr.    109,  111,  113,  4.  149,  153,  4,  9.  161,  2, 

3.  271,  337,  8,  9.  340,  2, 

Doughty, 
Douglass,  Mr. 
Dow,  Mr. 
Drains, 
Drake,  Mr. 
Drum  Creek, 

waste  weir  at, 
Drury's  bar, 
Dudley,  C.  E.  Mr. 

Duer,  Mr.  109,  111,  114,  150,  5,  9.  161,  2,  6,  9.  173,  180,  337,  9,340 

2,  5,  7,  8,  9.  383,  7.  428,  430 
816,  153 


109,  111 


his  motion,  April  5 

do.  »  10,  1816, 

do.  »  11,  1816, 

his  substitute  offered,  ' 
Duties— on  salt,  sales  at  auction,  SfC.  proposed: 

granted  by  law. 
Dygert's  Creek, 


155 
161 

155,  161 
143,  282 
362 

•  253 


INDEX 


INDEX. 


F.arll  Mr  M*Tm 

ijal  11)  jLfXI  • 

383,  7.  503 

JL.il  SI  11JUI<1  (JUC-KS, 

45 

i^asici  ii  at~i>uuu  ui   iiic  r^i  il  v.  ailal, 

M7  to  If  1 

miie  1 ,  * ,  «j, 

1 17 

248 

If,  IU, 

249 

11      1  O     19  11 
11,    1  4>   lo,  14, 

|60 

iS    1  fi  17 

251 

Itt    1Q    90  91 
lo,  iy,          £  i , 

252 

ii,  ^3,  24,  2o,  26, 

2.V, 

0  7     ao  an 

27,  2o,  2y, 

H  i 

30,  31,  32,  33,  34, 

Jo,  Jo,  J7,  J8, 

256 

39,  40,  41, 

5.V7 

42,  43,  44,  45, 

258 

46,  47,  48,  49,  50, 

259 

51,  52,  53,  54, 

260 

55,  56,  57,  58, 

261 

59,  60,  61,  62, 

262 

63,  64,  65,  66, 

263 

67,  68,  69,  70,  71, 

264 

termination  of, 

264 

divided  into  5  parts,  over  each  an  overseer,  fee. 

407 

the  most  difficult  section  to  complete, 

425 

>V  hole  length  of  eastern  section,  is  97  miles, 

13:: 

of  Erie  Canal, 

196  to  221 

Eckford,  Mr.  271, 

335,  356,  7 

Eddy,  Thomas,  his  name  as  canal  commissioner,  41.  46,  69, 

70,  87,  106 

1 

I.':,  l r>  i 

Edwards,  Mr. 

3fs  1,  o 

Eels  and  other  fish  at  Oswe go  falls  reef, 

501 

Egypt,  ancient,  alluded  to, 

124 

Eighteen  Mile  Creek, 

56,  206,  7 

Eldridge,  Mr.                                              $71,  Ml,  &  J 

1,  5,  6,  8,  9 

Elevations,  from  Lake  Erie  slated,  &c. 

60,  1.  1 

(See  descents,  and  summits.) 

Elizabeth  river,  to  Pasquotank  canal 

136 

Ellesmore  canal, 

135 

Ellicott,  A.  A. — his  expenses  for  survey. 

331 

Ellicott,  J. 

148 

his  information  of  the  country  between  Ucnesee  river  and 

Tonewanta  creek, 

12 

height  of  Tonewanta  swamp  above  the  creek, 

28 

his  name  inserted  as  Canal  CcHMUMBOBW  in  the  bill  from  tlie 

assembly  in  1816, 

167 

is  appointed  by  the  law  of  1B16. 

184 

his  report  alluded  to. 

199 

his  attention  to  supply  of  writer,  kc. 

?0| 

sec 


INDEX. 


115.  174,  5,  6,  7, 


351 


271.  337.  8.  9.  340, 


270 
417 
55 
427 

6.  38 
,  2,  3,  4,  5 
508.  510 
510 

15,  16,  17 
414 
444 

2,  5,  8. 
17.  24.  27 
404 
11.  40 
247 

70,  87,  117 
103 


I.\DEX.     Ellicott,  J. 

~*   v      *  he  approves  report  of  1817, 

resigns  as  Canal  Commissioner 
Ellicott's  brook, 
Ells,  Mr. 
Ellsworth,  Mr. 
Elmendorff,  Mr. 
Elmore,  Mr. 
Elting,  Mr. 

Embankments — to  Oswego,  kc. 
others  mentioned, 

on  middle  section,  ' 
Emott,  Mr. 
Encyclopedia  quoted, 
Endless  screw  used. 
Engineers — J.  Geddes, 

Mr.  Brodhead, 

to  be  employed,  kc. 

expected  from  England 

those  employed  all  native  Americans,  except  two  employed 
for  a  year,  &c.  107 

Americans  preferred,  117 
[See  also  Canal  Commissioners.] 
England,  alluded  to,  126 
English  Canals— alluded  to,  124 

several  of  them  mentioned  in  detail,  135 
Erie,  Lake.    Reference  to,  in  message  of  the  President  of  U.  S.  7 

resolution  to  explore  between  it  and  the  Hudson  river,  7 

from  it  to  Schlosser, 
do.   to  Lewiston, 

rise  and  fall  of  its  waters,  23,  59 

not  so  deep  as  L.  Ontario,  24 

route  from,  to  Oneida  Lake,  2 

Tonewanta  swamp  above  it, 

above  the  waters  at  Troy. 

above  the  Hudson  and  Rome, 

interior  route  to, 

Owasco  Lake  on  the  same  level, 

east  end  of 

east  end  of,  above  certain  places,  river,  lakes,  &c.  60.  61.  65.  133 
country  from  Hudson  to, 

practicability  of  a  plan  of  canal  from,  to  the  Hudson,  reported 

in  1816,  141 
J.  Geddes's  statement  of,  to  Cayuga  and  Cayuga  marshes,  1 
tonnage — on,  473 
Essex  county. 

in  1817  proposed  to  tax  it,  284 
forges  in,  288 


INDEX. 


581 


Estimates  of  Descent,  kc.  ,,2  INDKX. 

of  freight,  g3  per  ton  from  Lake  Erie  to  the  Hudson  river,  fid,  61  1  v  

of  cost  of  canals.  04,  f>,  C,  7.  61,  I 

(see  summits,  levels.) 

Estimates  of  quantity  of  water,  kc.  fOI 

Europe — Goods  brought  from,  20 cents  per  cubic  foot,  181 
canals  in,                                                                381 .  110 

Expenses  of  canals — Estimates  considered,    01,  5,  fi,  7.  81,  2,  4.  134,  7 

143,  7.  199  to  270,  3.  291.  313.  315 

of  first  section  of  Erie  canal,  I 

of  the  other  sections,  &c.  2fi:: 

of  canal  commissioners  reported  in  1817,  689 

of  exploring  parties,  1  j  •! 

Champlain  canal,  451 

estimates  of,  &c.  I ^7 

of  carts,  ploughs,  scrapers,  &c.  :'a  Hi 

from  Utica  to  Seneca  river,  1 1  i 

from  Utica  to  Albany,  and  from  Utica  to  Lake  Erie,  4 1  i 

reports  of,  in  1 8 1 7,  1818,  and  part  of  1 8 1 9,  428 

estimate  of,  for  middle  section  exceeded,  and  the  causes,  444 

whole  of  middle  section,  96  miles,  was  $11,792  per  mile,  4^1 

Comptroller's  report  of,  in  1820,  613 


F. 

Fall — see  descents — summits, 
Fall  Hill, 

Falley's  mill  pond,  404 
Fay,  Mr.  189,  191,  J 

Faulkner,  Mr.  Tlf^  337,  343,  5,  ti 

Feeders — from  Fish  Lake,  18 
from  Cranberry  marsh, 

general  remarks  on,  from  rivers,  r< 
Canal  from  Lake  Erie  to  the  Hudson  may  be  fed  by  water 

from  lakes,  58 
from  the  Tonnewanta, 

from  Mohawk,  Fish  Creek,  Oneida,  Cowaslon,  Canasaraga, 
Chitteningo,  Black,  Limestone,  Butternut,  Onondaga  Nine 
Mile,  Skaneatelas,  Bread,  Cold  Spring.  Owa«cn,  and 
Crane  creek^  '',7-  :~7 

Fellows,  Mr.  "    '    ;  1 

Fenton,Mr.  ;  ;  * 

Ferguson's  creek,  *  : 

Ferris,Mr.  7 
Ferry  at  Black  Rock,  1 
Field,  Mr.  °^  1,1 

Finance,  plan  suggested,  1 37,  8»  ***2.  * 

First  section  of  Erie  Canal,  190       ->  J1 

Fish  Creek — stream,  kc.  •■'  •"•  :,l> 


582 


INDEX. 


INDEX.     Fish  Lake?  outlet  afj  ]  g 

""V  natural  reservoir,  &c.  18 

Fishery,  in  the  Oswego  river,  496 
Finch,  Mr.  272,  336,  9,  340,  2,  5,  6,  8,  9,  510 

Flax,  and  flax  seed,  129 
Fleet,  Mr.  191,  2,  3 

Fleming,  Mr.  383 
Flint,  Mr.  55 
Flour  and  wheat  from  New-York,  &c.  63.  129.  439.  474 

Fonday,  Mr.  271.  336.  343,  7,  510 

Foot,  Mr.  508.  510 

Ford,  Mr.    150,  2,  4,  8.  160,  3.  173.  180,  2.  270,  2,  4.  323.  335,  6,  9 

341,  2,  3,  5,  7,  9 

Foreigners, 

few  of  them  are  contractors,  403 
Forges,  288 
Forman,  J.  Mr.  one  of  canal  committee,  and  his  resolution  in  1808,  8 
that  the  first  legislative  proposition,  &c.  was  made  by  him,  39 
his  letter  to  canal  commissioners,  in  1816,  316 
Forward,  Mr.  507,  8.  510 

Fort  Ann,  256 
Fort  Brook,  212 
Fort  Edward,  ;  377 
Fort  Edward,  creek,  289 
Fort  Miller,  falls,  290 
Forth — the  canal  from,  to  the  Clyde.  134 
Fosdick,  Mr.  383,  7 

Fox,  Mr.  511 
France  alluded  to,  125.  134 

Francisco,  Mr.  508,  510 

Fraser,  Mr.  109.  Ill 

Free  stone,  55.  145 

Freight  on  Canal — estimate  of,  and  contrasted  with  the  present  ex- 
pense of  transportation  and  freight,    62,  3.  76,  7,  8.  123,  7,  8 

131,  2.  277.  327.  439.  471,  2 
at  Philadelphia  for  Pittsburgh,  474 
between  other  places,  474 
Freleigh,  Mr.  150,  2,  4,  8.  160,  3,  7,  9.  173,  181,  3 

French  Creek,  478 
Frey,  Mr.  175,  6,  7,  8 

Fryer,  Mr.  15#4,  8.  160,  6,  9.  181,  2 

Fuel,  279 
Fulton,  R.  Mr.  his  name  as  canal  commissioner,       41.  70.  101.  106.  194 
his  calculation  as  to  the  price  of  carrying  a  ton  on  the  canal,  32 
his  calculation  of  freight  on  the  Hudson  river,  327 
Funded  debt,  :  389 

[see  Laws.] 

Funds— to  pay  expense  of  canals,  137,  8.  282 

[see  expense,  laws.  &c.l 
Fur,  329 


INDEX. 


*\  DEX. 

VI  •  (  ^_ 

Gale,  Mr.                                         171,  336,  341,  2,  3,  4,  5,  9,  350 

Gallatin,  Mr.  quoted  at,  13.  26 

his  estimates  mentioned.  14 

mistake  as  to  distance,  15 

bis  opinion  as  to  expense  of  canal  per  mile,  49 
Gallatin,  Mr. 

as  to  locks,  13* 

his  report  referred  to.  135,  c 

Gal lott's  rapids,  50,  51 

Gannet's  mill-pond,  452 

Gansevoort,  Mr.  272 
Ganson  Mr.        109,  111,149,152,4,8.163,4,7,9.173,181,336,341,2 

5,  7,  8,  9 

Gardeau's  falls,  476 

Gardner,  Mr.  190,  1,  3 

Garin,  L.  Col.  examinations  and  levels  by,  289,  457 

Garrison,  at  the  mouth  of  Niagara  river.  19 

Gascon's  reef,  498,  9 

Gebhard,  Mr.  10 

Geddes,  James,  Mr.  appointed  to  survey,  &c  in  1808,  11 

his  report  in  1809,  U 

appendices  thereto, 

the  first  person  employed  to  survey,  &c.  40 
his  letter  to  W.  Darby, 

his  statement  in  1816,  144 
his  statement  as  to  G.  Morris,  &c.  39 
bis  reports  and  maps  referred  to,  52,  56,  202 
route  assigned  him,  202,212,219 
examines  the  level  from  Rome  to  east  end  of  Oneida  lake,  369 
expenses  of,  331 
to  operate  between  Rome  and  Utica,  370 
commences  the  re-examination  of  the  Champlain  route,  377 
Geddesburgh,  embankment  at,  4 1 4 
Genesee  county,  petitions  from,  for  a  canal,  120,  2 
in  1817,  proposed  to  tax  it,  284 
Genesee  falls,  lateral  cut  from  above  to  the  harbor.  29 
Genesee  Flats,  73,  53 
Genesee,  harbor  of,  29,  30 
Genesee  river,  reference  to  Ellicotl'i  description  of  (be  country  be- 
tween that  river  and  the  Tonewanta  creek,  ft 
from  Mud  creek  to,  24,  28,  29 
above  waters  at  Troy.  29 
entrance  to,  30,  37 
runs  through  a  certain  division  of  land,  43,  53 
Swamps  west  of,  5"? 
difficulty  suggested  in  crossing  this  river  with  canal.                 6  I 
descent  from  L.  Erie  to,  60 
aqueduct  at,  estimate  of  expense.  J 37 
Tonewanta  to.  144 


5S4 


INDEX, 


1NDFX     Genesee,  where  to  be  crossed,  145 

— V  '              level  of,  &c.  205,  469 

guard  locks  on,  223 

Geneva,  petition  from,  for  canal,  119 

Genoa,  petition  from,  for  canal,  119 

George,  Lake,  287 

Georgia,  state  of,  proposed  share  of  public  lands,  99 
Gere,  Mr.                                   150,  2,  4,  8.  160,  3,  4,  7,  9.  173.  181,2 

German,  Mr.  one  of  canal  committee  in  1803,  8 

German  Flats,  petition  from,  for  a  canal,  122 
Gerundegut,  see  Irondequot 

Gilbert,  Mr.  one  of  canal  committee,  in  1808,  8 
his  name  on  divisions,  &c.            109.  111.  113.  114.  187,8.  194 

Gibson,  Mr.  383 

Gill  creek,  21.  22.  34.  35 

Gill,  V.  Mr.  employed  as  engineer,  452 

Gilpin,  I.  Mr.  his  statement,  &c.  136 

Ginseng,  129 

Gold,  T.  R.  Mr.  on  canal  committee,  his  report  in  1808,  8 

Gordon,  Mr.  109.  111.  113 
Governors,  copies  of  this  work  for, 

D.  D.  Tompkins'  speech  in  1816,  116 

do.  in  fall  session  of  1816,  334 

D.  W.  Clinton's  speech  in  1818,  366 

do.                            1819,  393 

do.                             1820,  437 

Graham,  Mr.  10 

Grand  Island,  55.  59 

Grand  Junction  canal,  (in  England,)  135 

Granger,  G.  Mr.  donation  of  land  from,  469 

Great  Brook,  244 

embankment  at,  414 

culvert  at,  419 

Great  falls  in  Luzerne,  288 

Great  pitch,  34 

Green,  Mr.                       150,2,4.  161,2,7,9.  173.  131,2.  507,8.  511 

Greene,  A.  Mr.                                       272.  336.  340, 2,  5,  7, 9.  350 

Green,  B.  Mr.  271.  336 

Greenley,  Mr.  383, 7 
Gregory,  Mr.                       150,2,4,8.  160,3,6.  173.  181,2.  190,1,3 

Greig,  J.  Mr.  cessions  of  lands  from,  106.  285.  469 

Griffin,  Mr.  113 

Groesbeck,  Mr.  383, 7 

Gros,  Mr.                                                 271.  341,2,5,6,8.  350.  508 

Grosvenor,  Mr.  1 90, 1 , 2, 3 

Gulph  of  Mexico,  i<27 

Gurnee,  Mr.                              ,  386 

Guyon,  H.  Mr.  191,  2,  3.  507,  8.  511 

Guyon,  J.  Mr.  427.  507,  8.  510 
Gypsum,                 129.  245.  273,9.  288,  376,9.  406.  439.  445,7.  475 

estimate  of  freight  on,  476 


INDEX. 

H. 

Hackley,  Mr.  Mfc  11 1.  1J3.  114.  383.  508,  10 

Hager,  Mr.  102.  174,  5.  189.  190,  *,  3 

Ilaight,  Mr.  102.  187.  194 

Haines'  work  on  canals  referred  to  by  S.  De  Witt,  38.  1  i 

Halfway  Brook,  377 
Hall,  Mr.  102.  150,  2,  4,  8.  160,  3,  5,  7.  17<>,  3.  181 

i:;2,  6,7,8,  9.  190,  2,  3,  I 
Hallock,  Mr.  271 
Halsey,  Mr.  1  r>0,  2,  4.  167,  9.  173.  181,  2 

Hamilton,  Mr.  1.30,  5,  9.  161,2,  5,6,  9.  173.  336.  340,  2 

345,  6.  430 

Hammond,  Mr.  109.  111.  113.  115.  272.  340,  2,  5,  7,3.  350 

Hand's  B rook.  239.  402 

waste  weir  at,  4  Jo 

Hannibal,  No.  8.  14.  15 

Harbor  Creek,  235 

embankment  at.  414 

culvert  at,  419 
HarJenbergh,  Mr.  190, 1,  2,  3 

.  Hardpan,  445 
Harpur,  Mr.  384,  6 

Harper's  Ferry  alluded  to,  4> 
Harris,  Mr.  150,  2,  4.  163,  5,  7,  9.  173 

Hart,  Mr.  351,  2,  3,  4,  5,  6,  7.  383,  7 

Hart,  E.  Mr.  appointed  canal  commissioner,  in  place  of  Mr.  EUicott, 
resigued,  417 

he  signs  the  report  of  1819,  417.  420; 

Hartland,  petition  from  for  canal,  122 
Hasbrouck,  Mr.  109.  Ill 

Hascall,  Mr.  174,  5,  6,  7,  8.  351,  2,  3,  4,  5,  6 

Hatfield,  Mr.  109.  ill.  113.  114.  508.  510 

Hatheway,  Mr.  383,  7 

*IIavens,  Mr  381 
Haverly,  Mr.  510 
Hawks,  Mr.  190,  1.  2,  3.  509.  510 

Hawley,  Mr.  27  J.  337.  340,  5,  7 

Hawley,  J.  Mr.  his  essays  on  canals  alluded  to,  39 
Hayden,C.  Mr. 

-Hayes,  Mr.  1  -2,  9.  161,  2,  5,  6,  9.  17 3 

Hecock,  Mr.  508.  510 

Hedges,  Mr.  J72.    57,  9,340,      5*6,  8.  350 

Heeney,  Mr.  336.  8,  9,  340,  2,      6,  9,  J50.  384,  6.  608.  510 

Hemlock,  Lake, 

Hemp,  m 
Herkimer  county,  petitions  from,  for  canal.  1 8 

proposition  in  1817  totax  it, 
f  1 


INDEX. 


Hill,  Mr.   150,  2,  9.  161,  2,  58  6,  9.  173,  181,  2,  9.  190,  1,  2,  3,  o<tt 

8.  510 

Hill,  N.  P.  Mr.  508,  510 

Hilton,  Mr.      152,  8.  161,  3,  6,  9.  173,  271.  337,  9.  340,  2.  345,  6,  8 

350,  383.  7 

History  of  Canals  required,  3 
briefly  given  by  S.  De  Witt  and  J.  Geddes,  30,  42 

Hoffman,  Mr.  150,  2.  5,  P.  161,  2.  5,  6.  170,  3.  181,  3 

Hoffnagle,  Mr.  383,  7.  50Y 

Hogeboom,  Mr.  8,  10 

Hoit,  Mr.  190,  1,  2,  3.  383,  7 

Hulbert,  Mr.  190,  1,  2,  3 

Holland,  its  canals  alluded  to,  124 
Holland  Land  Company,  cession  of  lands  from,  106,  285,  332,  463 

correspondence  with  P.  Busti,  308,  9.  310,  31 J 

act  declaring-  the  terms  of  their  grant.  435 
Holley,  Mr.  150,  2,  4, 8,  160,  2,  0 

^Holley,  M.  Mr.  appointed  Canal  Commissioner  by  the  law  of  1816,  184 
his  name  as  commissioner.  270  330,  4.  381,  417 

Holmes,  Mr.  190,  1,  2,  3 

Holstein  canal,  134 
Honeoye,  lake,  55 
Hopkins,  Mr.  150,  2,  4,  8.  160,  3,  5.  173,  181,  2, 7,  8,  9.  190,  2,  3,  4.  33G 
Hornby,  G.  Mr.  cession  of  land  from,  106,  469,  511 

Horses,  subsistence  of,  cheaper  in  America  than  in  Europe,  48 
power  of  horses  in  drawing  a  boat,  &c  49,  62, 77,  123" 

drawing  loaded  scrapers,  &c.  442 
Horse-race  rapid,  492 
Horse  Shoe  reef,  497 
Houghtaling,  Mr.  110.  11 1,  113,  114,  271,  336,  9.  342,  3,  9.  350 

House's  shallow,  55 
Howell,  Mr.  383,  387 

Rowland,  Mr.  189,  190,  2,  3 

Hubbard,  Mr.  115,  186,  7,  8.  194,  272,  340 

Hudson  river — reference  to  by  President  of  United  States,  7 
resolution  to  explore  route  between  it  and  Lake  Erie,  7 
size  of  vessels,  $c.  to  navigate,  by  a  certain  route,  &c.  4t 
descent  from  Lake  Erie  to  this  river,  61 
its  superiority  over  other  waters,  125 
best  sloop  navigation  in  the  world,  128 
Air.  Fulton's  calculation  of  freight  on,  327 
(see  Canal  Commissioners.) 
Hughe's  creek,  culvert  at.  419 
Hulbert,  I.  W.  Mr.  6 
Hull,  Mr.  109,  111,  11£» 

Humphreys,  Mr.  •  102,  186,  7,  8.  194,  427,  508,  10) 

Hunter,  Mr.  '  384,  42* 

Huntington,  Mr  139.  190,  %  3.  383,  387.  453,  508,  MO 


INDEX. 

Huiu.ugion,  <jI.  Mr.  his  name:  inserted  as  canal  commissioner,  in  the  (.ill 

from  the  assembly,  in  1816,  167 
Hunting-ton,  II.  Mr.  his  ideas  of  a  certain  route,  &c.  :  '. 

Hurlbut,  Mr.  189.  190,  2,  3.  337,  8,  9.  310,  2,  5,  7,  8,350 

Hyde,  Mr.  110.  111.  113.  1  1  :.  Km,  1,2,3 

Hydraulic,  lime  or  martar,  1J9  148 

found  in  Madison,  Onondaga,  Cayuga.  Ontario  and  (Jcnc- 


see  counties, 
Hydraulic  privileges, 


(See  also  mills.) 


449 


oil 
IN'DLV 


I. 


Illinois  River,  9o,  8.  127 

Illinois,  salt  works  in,  [1 ; 

Imports  of  Ohio, 

Inclined  plane  or  level  considered,  t,  9.  60,  1 

estimates  of  descent  from  L.  Ejrie  to  Tonnei\  anta,  Genesee 
River,  Seneca  and  Cayuga  lakes,  Rome  summit,  Little 
Falls,  Schoharie,  between  Schenectady  and  Albany,  and  the 
Hudson  River,  60,  1 

inclined  plane  suggested  to  the  Seneca  outlet,  and  to  a  basin 

near  the  Hudson  River, 
inclined  plane  not  exclusively  recommended,  105 
Indian  corn,  471 
Indianna,  96 
Inland  lock  navigation  companies  alluded  to  by  S.  De  Witt,  38 
Interior  route,  (see  Ontario  lake,)  13.  24 

Irishmen,  extraordinary  work  performed  by  3  Irishmen  on  the  canal,  37-1 


Iron, 

Irondequot  Bay, 

Irondequot  Creek,  summit  between  and  Mud  Creek. 
Irondequot  embankment, 
Irondequot  valley, 
Irving,  Mr. 

Jsaacs,  Mr.  150,  3,  5,  9.  161,2, 4,  7. 


129.  273,  9.  883 
29.  53 
28.  38,  9 
45.  145 
29.  43.  37,  8.  215 
$7*.  335.  508.510 
170,3.  181,3.  383.  ' 


J. 


Jack's  reef,  449 
Jackson,  Mr.    152,4,9.  161,2,5,7.9.  17 3.  181,  S.  871.  J  1 1 ,  8 .3,  5,  8,  :;. 

350.  38  l,  7.  f,08,  10 

Jansen,  Mr.  I90j  l,f  3 

Jay,  Mr.                                         150,  2,  4,8.  160,  3,  4,  7,  9.  173.  181,2 

Jefferson,  Mr.  alluded  to,  1 5 

Jefferson  county,  petitions  from,  to  improve  Oswego  river,  fa.  429 

Jefferson  lake,  |09 

Jenkins.  Mr.  507.  8,  10 


5S8 


INDEX. 


INDEX.     Jennings,  Mr.  508,  1 0 

Jessop,  W.  his  opinion  quoted,  &c.  27 
Johnson's  creek,  207 
Johnston,  Mr.  384,  7 

Joint  committee  on  canals,  see  canal  committees. 

Jones,  Mr.  102,  9.  111.  113.  115.  150,2,5,9.  161,7,9.  173.  181,3 

271.  337,  8,  9.  340,  2,  4,  5,  6,  8.  350.  384.  507,  8,  10 
Judd,  Mr.  152,4,8.160,5.173 
Judson,  Mr.  384,  7 

Junius,  petition  from,  for  canal,  J 19 

K. 

Iveeler,  Mr.  1 92,  3,  337,  8,  9.  340,  2,  4,  5,  6,  9.  350, 427 

Kellogg-,  Mr.  384,  387 

Kelsey,  Mr.  150,  2,  4,  8.  160,  3,  4,  7.  170,  3 

Kennett  and  Avon  canals,  135 
Kentucky,  (state  of,) 

proposed  share  of  public  lands,  99 
Keyes,  Mr.  1 74,  5,  6,  7,  8,  351,  2,  3,  4,  5, 6,  7 

Kiersted,  Mr.  110,  11,  13,  14 

Kimball,  Mr.  155,  9.  161,  2.  170,  3.  180,  2 

King,  C.  Mr.  109,  111,  113,  115,  508,  510 

King,  E.  W.  Mr.  110,  111,  113,  114 

Kingston,  transportation  from,  to  Montreal,  63 
Kirkland,  Mr.  383,  387 

Kirtland,  Mr.  189,  191,  2,  3.  507,  8,  510 

Kissam,Mr.  110,  152,  5,  9.  161,  2,  7.  170,  3.  189,  191,  2 

271,  336,  8,  9.  341,  2,  4,  6,  8.  350,  384 
Knickerbacker,  Mr.  150,  2,  4,  8.  160,  3,  4,  7.  170,  173 

180,  182 

Knockemstiff  reef,  498 
Knox,  Mr.  109.  Ill,  114,  351,  2,  4,  5,  6,  357 


L. 


Labor,  dearer  ia  America  than  Europe,  AH 
La  Chine  Rapid,  51 
Laight,Mr.  150,  3,  8.  160,  3,  4,  7.  170,  3.  181,  183 

Lake  Erie,  (see  Erie  lake,  and  so  in  every  other  instance,  the  name  of 

a  lake  will  be  found  under  the  letter  beginning  its  proper  name.) 
Lake  Reef,  the  14 
Land  carriage, 

from  Oswego  to  Lewiston,  32,  50 

Schenectady  to  Utica,  ,  48 
Chippewa  to  Queenston,  63 
contrasted  with  transportation  on  canal.  <$-c.  62,  63, 123 
Albany  to  TJtica,  78 


INDEX 


Lauds,  lhaps  pf,  to  be  procured  through  which  the  canals  are  made,  and  INDEX. 

for  which  damages  are  to  be  appraised,  3  v>-  s^— 

offers  of,  made  fur  canal,  &c.  05,  332 

belonging  to  the  U.  S.  proposed  to  be  attributed  among  the 

several  states,  95,  96 

proposed  share  of  public  lands  to  the  state  of  N.  York,  9 7,  9%  100 
proposed  to  be  ceded  by  the  I  .  8.  not  to  be  disposed  of  under 

$2  per  acre,  99 
increased  in  value  by  canals,  101,  279,  289 

ceded  to  the  canals,  10*> 
proceeds  on  sales  of,  proposed  in  1816,  for  canal,  and  1817,  143 

282,  285 

within  25  miles  of  canal,  taxed,  &c.  3QI 
Languedoc  canal,  134 
Lansing,  J.  and  others,  petition  from,  for  canal.  II'.* 
X^ansingburgh, 

proposition  in  1817  to  tax  it,  284 
Lansing's  mills,  26.'» 
Lard,  129 
Larzelere,  Mr.  1 53,  8.  1 G2,  7.  1 70,  3.  1 80,  2.  272,  336.  9.  34 1 ,  2, 3, 4,  7,  8.  350 
Lateral  canals,  &c.  2(36 
Law  of,  April  11,  1808,  allowing  600  dollars  for  exploring,  &c.  1 1 

April  5,  1810,  allowing  3000  dollars,  &c.  47 
April  8,  1811,  "to  provide  for  the  internal  improvement,"  &c.  70 
June  19,  1812,  "  further  to  provide,"  kc.  19  ! 

April  15,  1814,  repealing  certain  sections  of  the  act  of  June 

19,1812,  107,11, 
April  17, 1816,  to  provide  for  the  improvement,  &c.  10 
April  15,  1817,  $4000  allowed  for  expenses,  3 33 

April  15,  1817,  respecting  navigable  communications,  &e.  35o 
March  6,  1818,  sections  in  the  Chittcningo  canal  company, 

relating  to  Erie  Canal,  or  commissioners,  387 
April  10,  1818,  relative  to  Buffalo  harbor,  388 
April  21,  1818,  to  improve  the  funds,  and  provide  for  redemp- 
tion of  funded  debt,  &c.  389 
April  7,  1819,  act  concerning  the  great  western  and  northern 

canals,  43J 
April  7,  1819,  to  construct  Buffalo  croek  harbor,  431 
April  13,  1819,  declaring  the  conditions  of  the  grant  from  the 

H.  L.  Company,  435 
March  30,  1820,  to  amend  the  act  respecting  navigable  com- 
munications, 511 
April  5,  1320,  establishing  salary  of  the  canal  commissioners,  510 
April  20,  18 JO,  concerning  the  Kric  and  Champlain  canals,  51C 
April  13,  1820,  for  their  maintenance  and  protection,  518 
April  14,  1820,  appropriating  Grand  Island,  58ft 

do.       allowing  muskrats  to  be  killed  along  the  canals.  5 1 
February  8,  1825,  directing  the  publication  of  this  Work, 
Latrobe,  Mr.  alluded  to,  N 


f$D£X.     Lawrence,  Mi. 
Lawyer,  Mr. 
Lead, 

Leavenworth,  Mr. 
LeBeuf, 

Ledges,  or  steeps,  &c. 
Lee,  Mr. 
Lee,  H.  B.  Mr. 
Lee,  T.  Mr. 

Leeds  and  Liverpool  canal, 

Legislative  proceedings,  in  the  year  1G08,  from  page 


383,  3ti7 

150,3,  5,  9.  1  til,  2,  7.  170,  173,  180,  182 

129 

150,2,3,8.  160,3,6.  170.  180,2 

127 
54.  114 

272.  336,9.  341,2,4,6,9.  350 
150,2,5,9.  162,6.  170.  180,2 
150,3,8.  160,3,4,7.  170 
135 
7  to  11 


1810, 

46  to  47 

1811, 

69 

1812, 

186  to  196 

1813, 

101  to  102 

1814, 

107  to  115 

1815,  1816, 

119  to  122,  141  to  183 

the  assembly, 

167.  168 

1817, 

334  to  357 

1318, 

382  to  337 

1819, 

427  to  430 

1820, 

507  to  513 

Legislatures  of  ether  states  to  be  applied  to,  for  aid,  &c. 
Lenox,  petition  from,  for  canal, 
Le  Roy,  Bayard  and  M'Evers,  cession  of  land  from, 
Lester,  Mr. 

Level  or  inclined  plane,  58. 

lake  Erie  level, 

Genesee  river,  level  of, 
Levelling-,  (see  summits,  descents.) 
Levels,  by  Messrs.  Wright  and  Geddes. 
Lewis,  Mr. 

Lewis,  Mr.  an  engineer,  &c. 
Lewiston  to  Schlosser, 

to  the  garrison  at  the  mouth  of  the  river. 

portage  to  Black  Rock, 

to  L.  Erie, 
L'Hommedieu,  Mr. 
Licking  River, 

Lieutenant-Governor,  copies  of  this  work  for  him> 
Lime  ledge, 
Limestone, 
Limestone  Creek, 

embankment  at, 

aqueduct  at, 
Litchfield,  Mr. 

Little  Falls,  canal  at,  alluded  to, 

elevation  of  a  canal  at,  suggested, 
descent  from  Lake  Erie  to  Littk  Falls, 
former  Irsrks  at,  alluded  to. 


70 

120 
106 

110.  111.  114.  271 

59.  60.  64.  83.  105 
200.  203 
205 

369.  377 
115.  186,7,8.  194 
317.  409 
18.  20.  34.  35 
19 


22 
10 
477 
3 
144 
447 


55.  203.  406.  445. 

52. 


39.  256. 


414 
418 

427 
265, 553 
62 
61 
133 


INDEX. 


Liuie  Lakes,  embankment  at,  iil  INDEX 

culverts  at.  - 1!) 

Little  Nose.  IQ$ 

Little  Oneida  Creek,  247 

Little  Smooth  Rock,  rapid,  493 
Livingston,  Mr.                             l.,u.  2,  .;.         6,  7,  8.  181,  J,  is,  7, 

194.  585,  351,  2,  3,  4,  5,  C,  7.  384,  8 

Livingston,  R.  R.  I\Ir-  his  name  as  canal  commissioner,  11.  70.  87.  194 

Loans,  86 

may  be  procured,  [Q4.  118 

letter  written  to  W.  Bayard.  209 

loans  proposed,  1*82 

authorised  by  the  act  of  ISO.  lttt> 

1817.  358 

IB  l'J.  429.  433 
Local  tax,  referred  to  by  canal  commissioners, 

suspended  in  1819,  434 
report  on,  in  1820,  458 
Lockage,  (see  Summits,  Tolls.  Canal  Commissioners.) 
Locke,  Mr.  10 
Locks,                                                                299.  400.  401.  44* 
London  docks,  quoted.  17.  4.> 
Long  Saut,  50 
Loomis,  Mr.  175,  C,  7,  8 
Loomis?s,  culvert  near.  419 
Lorillard,  Mr.  139.  190,  2,  3 
Lott,  Mr.  109.  111.  113 
Lottery,  proposed  in  1316,  towards  canal,  &c.  143 
do.              1817,  234 
report  in  1325,  6M 
statement  in  1817,  of  monies  charged  on  lotteries  already  in- 
stituted, 020.  '  y: 
grant  of  by  law,  in  1817.  362 
Lower  Blue  springs  477 
Lower  Canada,  ^89 
Ludlow,  Mr.  100,1,3 
lumber,  t»,  887,  8.  878 
Luzerne,  great  falls  in.  28^ 
Lyker,  Mr.  300 
Lynch,  Mr.  his  motion  April  13,  1816.  MS 
do,       April  17,  1816,  130,  2,  3 
his  name  in  other  parts  of  the  work.  I50J  IWj  4,  7,  9 
his  canal, 

Lynde,Mr.  °l 

Lyons'  wharf,  r' 1 

petition  from,  for  canal.  1  H 

Ullage  of,  '••  M 


INDEX. 


INDEX. 


Machines,  for  removing  green  stumps,  kc.  404 

for  excavation,  '20  £ 

Madison,  Mr.  (President  of  U.  S.)  his  message  to  congress.  95 

Madison  county,  petitions  from,  in  favor  of  canal,  alluded  to,  46 

proposition  in  1817.  to  tax  it,  284 

marl  in,  446 
Mallery,  Mr.  113.  351,  2, 3,  4,  5,  6, 7 
Mann,  Mr.                                271.  336, 8,  9.  340, 1,  4,  6,  8.  350.  384,  6 

Mann's  mills,  37.  43 

Manchester  factory,  146 

Manny,  Mr.  113.  lit 

Manufacturing  establishments,  273 

produced  by  canals,  k.c.  129 

Maps,  to  be  engraved  and  published,  3.  4 

required  by  resolution  of  1803,  .  7.  8 
references  by  J.  Geddes,  of  maps  from  Oneida  lake  to  <  >n- 

fario  lake,  and  of  the  Oswego  river,  15.  33 

reference  to  a  map,  37 

to  map  sent  to  Mr.  Darby  by  Mr.  Geddes,  43 

to  map  of  Champlain  canal,  by  Mr.  Geddes,  46 

reference  to  map  for  2  miles  to  Black  Rock,  199 

maps  No.  1,2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15, 


16,  17,  18,  19,  referred  to,  on  1st  section  of  Erie  canal, 

202,  C,  7,  8,  9,  10,  11,  12,  14,  16, 17,  18,  19 


Mr.  Wright's  map  referred  to,  247.  408 

Mr.  Brodhead's  map  referred  to,  247.  265 

Mr.  L.  Garin's  surveys,  289 

Mr.  Geddes'  maps  and  profiles,  377.  378 

Mr.  White's  maps,  kc.  referred  to,  407.  408 

Mr.  Roberts'  do.  403 

Mr.  Briggs'  maps  do.  415 

Mr.  Thomas'  map  do.  453 

Mr.  W.  Peacock's  map  do.  483.  489 

Marble,  in  Vermont,  288,  379 

Markell,  Mr.  508,  510 

Markets,  which  will  open  by  completing  the  canals,  kc,  64,  127,  276, 

279,  287,  288,  439,  472,  473 

Lumber  on  Champlain  canal.  456 

Marl,  445,  446 

Marl  meadow,  in  Camillus,  400 
Marsh,  Mr.                                      272,  336,  7.  341,  2,  3,  6,  7,  8,  9 

'Marshes,  valley  of,  &c.               t  15 

Martin,  Mr.  187,  194 

Marvin,  Mr.  189,  190,  2,3 
Maryland,  (state  of,) 


propose*  ehare  ci  public  lands,  for  Potomac  comoaPT. 


INDEX. 


6£J 


Massachusetts,  (state  of,)  applied  to,  73  BWBt 

proposed  share  of  its  public  lutiil>,  90         ▼  '  * 

canal  from  Weymouth  to  Tauuton,  1$ 

Middlesex  canal,  196,  1.  IIS,  SOI,  StO 

Masts,  287,  378 

Mattison,  Mr.  383,  387 

Maynard,  Mr.  Iff,  330,  340,  342,  3,  0,  7,  9 

McCall,  Mr.  383,  387 

McChestney,  Mr.  149,  152,  4.  100,  4,  7,  9.  180,  3 

McCombs,  Mr.  150,  2,  4.  100,  0,  9 
McCoun,  T.  Mr. 

his  name  inserted  as  canal  commissioner,  in  the  bill  from  the 

assembly  in  1816,  167 

McFadden,  Mr.            149,  152,  8.  160,  7,  9.  130,  2.  271,  336,  9.  341, 

342,  3,  4,  6.  350 

McGarragh,  Mr.  383,  387 

Mclntyre,  Mr.  189,  190,  2,  3.  347,  8,  0 

Mclntyre,  A.  Mr.  his  name  as  comptroller,  331 

McKay,  Mr.  507 

McKnight,  Mr.  508.  510 

McKown,  Mr.  510 

McLean,  Mr.  10.  383,  3P.7 

McNeil,  Mr.  109,  113,  4.  50::,  10 

Mehevron  river,  96,  3 

Meigs,  Mr.  Jo4,  386 

Merchandize,  on  the  Canal,  $c.  129 

Merriam,  Mr.  507.  510 

Messier,  Mr.  507,  509 

Message  of  President  of  U.  S.  referred  to,  7 

Metcalfe,  Mr.  152,  5,  9.  166,  9.  180,  2.  192 

Mexico — road  to,  33 

Meyer's  creek,  1SS 

Michigan  Lake,  90.  98.  127 

Michigan,  (Territory  of)  applied  to,  71 

Middle  section  of  Erie  canal,  tW 

mile  1,  2,  3,  ^  > 

4,  6,  ~  t 

6,  7,  8,  9, 

io,  ii,  i2.  m 

13,  14, 


15,  16,  17, 


22H 


18,  19,  20, 

21,  22,  23,  2-4, 

25,  26,  27,  28, 

29,  30,  31,  32,  " 

33,  34,  35,  36,  37  233 

38,  39,  40,  41.  3S4 

42,  43,  44,  45,  ^ 

46,  47.  48,  493  50,  2^ 


594 


INDEX. 


INDEX.     Middle  Section  of  Erie  canal. 

v— '        mile  51,  52,  23*3 

53,  54,  55,  56,  2' 

57,  58,  59,  60,  61,  22 

62,  63,  64,  240 

65,  66,  67,  60,  241 

69,  70,  71,  72,  242 

73,  74,  75,  243 

76,  77,  244 

termination  of  section  reached  by  Mr.  Geddes,  244 

9  locks  on,  412 

is  94  miles  long,  413 

75  miles  navigated  by  large  boats  in  the  year  1819,  440 

banks  of  the  canal,  441 

cost  of  construction  of  this  section  is  $1,125,983,  444 

width  of  canal  at  surface,  444 

aqueducts  and  locks,  448 
Middlesex  canal,  (in  Massachusetts,)  136,  7,  213,  301 ,  320 
Miles,  Mr.  149,  155,  9.  162,  4,  9.  180,  2.  272,  336,  341,  3,  4,  6,  7,  9,  350 

Militia  duty,  recommendation  as  to  exemption  from,  416 

section  concerning,  434 

Mill  brook,  236,  259 

waste  weir  at,  420 

Miller,  Mr.  189,  191,  192,  3.  386 
Miller,  A.  Mr.  109,  111,  113,  114,  149,  162,  6.  170,  1.  336,  8.  340,  1, 

4,  7,  8,  350,  7,  8 

Miller,  G.  Mr.  109,  111,  112,114,  149,  154,  8.  160,  7,  9,  181,  2,  271, 

336,  341,  2,  3,  4,  7,  8,  9 

Miller,  J.  Mr.                              272,  336,  7.  340,  2,  5,  7,  8,  9,  507 

Miller's  ford,  55 

Milliman,  Mr.                               149,  152,  4,  9.  162,  5,  7,  9.  181,  3 

Mill  pond,  36 

Mills,  using  water  of  the  canal,  280,  285 

Mills,  the  21,  22 

Minerals,  288 

(See  iron,  &c.) 

Mississippi,  J  27,  128,  278 

boatmen  on  it,  victims  of  disease,                 "  129 

Moe,  Mr.  507,  509 

Mohawk  river,  price  of  a  lock  on  26 

canal  at  Little  Falls  alluded  to,  39 

navigation  of,  alluded  to,  48,  130 

described,  &c.  52 

its  serpentine  course  alluded  to,  367 

swamps  and  marshes  between  it  and  Seneca  river.  399 

affords  a  partial  navigation,  425 

referred  to  in  Wright's  survey,  in  181 1 ,  531 

Monongahela  river,  127 

Montezuma  salt  works,  220 

Montgomery  county,  proposition  in  1817  to  tax  it.  284 


INDEX. 


.Montreal,  suggestions  as  to  trade  going  to,  &c.       SO,  1.  HO,  126,  131,  9  INDEX, 
transportation  from,  to  Kingston,  63  v— 

trade  from,  to  Spain  and  Portugal.  ♦  fl 

freight  to,  &c. 

distances  to,  &c.  127 
importance  to  destroy  commercial  connexions  with,  by  form- 
ing canal  from  Seneca  river  to  Lake  Erie,  4£5 
market  at,  473,  474 

Mooney,  Mr.  10P,  113,4.  189,  190,  3 

Mooney's  bay,  l  > 

Moore,  Mr.  139,  191,  2,  3.  383,  0 

Moore,  A.  Mr.  109,  111,  159,  173.  181,3 

Moore,  J.  Mr.  109,    11,  lit,  114 

Moores,  Mr.  149,  152,  4,  8.  163,  4,  6,  9.  131,  2.  272,  330,  340, 

342,  3,  5,  6,  8,  9 

Moreau,  (town  of,) 

proposition  in  1817,  to  tax  it, 
Morgan,  Mr.  507,  509 

Morris,  Mr.  113,  114,  152,  4,  8.  160,  3,  7,  9.  181,  2,  3,  6 

Morris,  G.  Mr.  entitled  to  the  merit  of  first  starting  the  idea  of  con- 
necting Lake  Erie  and  the  Hudson, 
his  name  as  canal  commissioner,  41,  46,  69,  70,  87,  38,  91 , 

106, 194,  532 

Morrison,  Mr.  150,  2,  4,  8.  160,  3,  5,  7,  9.  181.  2 

Morss,  Mr.  S84|  0 

Moses'  kill,  289 
Mott,  Mr.  109,  13,  14.  189,  190,  2,  3.  271,  336,  340,  2.  343,  5,  6,  8,  9 

Mountain  ridge, 
Mud  creek, 

culvert  at, 
Mud  creek  valley, 
Muiliner,  Mr. 
Munroe,  Mr. 
Munson,  Mr. 
Muskingum, 

Mynderse,  Col.  W.  letter  from 


212 

24,  23,  29,  30,  37,  43,  146,  216,  217,  218 

419 
146 
38$,  6 

154,  162,  5,  6,  9.  173,  383 
507,  509 
96,  97,  127 
317 


N. 


Nail  creek, 

embankment  at. 

culvert  at, 
Naraganset  Bay, 
Nash,  Mr. 
Nellis,  Mr. 
Nelson,  Mr. 
Newcomb,  Mr. 

New-Jersey,  state  of,  applied  to, 

its  proposed  share  of  public  lauds, 
canal  from  Brunswick  to  Trenton. 


250 
414 
419 

95 

109,  IIS,  11  : 
139,  191,  2,  :s 

508,  9 
>08,  510 
72 
96 
135 


590 


INDEX. 


INDEX.     New-Orleans,  alluded  to,  106,  126,8,9.133,474 

— — v       ^  distances  from  other  places,  127 

Newport,  petition  from,  for  canal,  122 
Newtown,  portage  to,  63 
New-York,  city  of,  navigation  from,  &c.  contrasted  with  Montreal,  &c.  63 

127,474,  5 

flour,  wheat,  &c.  63 
proposition  in  1817  to  tax  the  city,  284 
petition  for  canal,  120 
petition  at  large,  122 
distances  to  several  places,  127 
it  will  be  the  great  (Jepot,  &c.  127,  278 

freight  from  L.  Erie  to  N.  York,  277 
Niagara,  freight  from,  to  Oswego,  50 
Niagara  county,  petition  from,  for  canal,  122 
proposition  in  1817  to  tax  it,  284 
petitions  from,  to  improve  Oswego  river,  429 
Niagara  falls,  eligible  track  from  below  those  falls,  and  Lake  Erie  to 

be  explored,  &c.  .  12 

lock  round  the  falls  alluded  to,  39,  130 

falls  alluded  to,  &c.  53,  54,  59 

Niagara  portage,  ,  478 

Niagara  river,  report  of  J.  Geddes,  13,18,  24,  144 

Nicholas,  Mr.  one  of  canal  committee  in  1308,  8 
his  name  in  a  division,  10 
Nicholas,  J.  Mr.  his  name  inserted  as  canal  commissioner  in  the  bill 

from  the  assembly  in  1816,  167 
Nine  Mile  creek,  237.  401.  534 

aqueduct  at,  418.  445 

Noble,  Mr.  336,  7.  341,  4,  7,  8,  9 

North  Carolina,  (state  of,) 

proposed  share  of  public  lands,  98 
Northern  inland  lock  navigation  company,  alluded  to  by  S.  De  Witt,  38 
Northumberland,  (town  of,) 

proposition  in  1817  to  tax  it,  284 
North  W.  Mr.  his  name  as  canal  commissioner,  41,  6.  69.  70.  87.  118.  194 
Nose,  the  262 
Anthony's  Nose,  546 
Nowendaga  creek,  257 
Noyes,  Mr.  109,  11,  12,  14.  351,  2,  3,  4,  5,  6,  7 

Northern  canal,  (see  canal  commissioners,  Champlain  canal.) 
Nye,  Mr.  ,  383,  6 

Nye's  creek,  214 

O. 

Oakley,  Mr.  his  motion,  April  10, 1816,  159 
do.        April  13,  1816,  165 
his  name  on  divisions,  150,4,9.  162,4,6,9.  181,3,9. 

191.  2.3.  384.6.  508,  510 


INDEX. 


Oak  Orcnard  creek,                                           j  ;    ,  >u 

ill.  200. 

208 

aqueduct  over,  &c. 

1 45. 

207 

Oak  Orchard  reel. 

u 

Oak  Point  reef. 

14 

Offers  of  land  for  canal, 

18 

Official  history  of  the  canals  required, 

Official  seals,  tax  on,  proposed  in  1816,  for  canal, 

14.  | 

Ogden,  Mr.               109.  111.174,5,6,7,8.  189.  191.  2,  J. 

S61,  2,3, 

0,7 

Ogdcnsburgh, 

70 

Ohio  river. 

96,  9. 

in 

Ohio,  (state  of,)  applied  to, 

71 

proposed  share  of  public  lands, 

97 

approve  our  canal  system, 

280 

great  extent  and  fertility  of,  &c. 

293 

letter  to  governor  of, 

297 

answer  from,  tyc. 

290,  9. 

300 

its  numerous  rivers,  &c. 

473 

the  interest  there  felt  for  our  canals. 

475 

salt  works  in, 

177,  8 

Onondaga  salt,  preferred  in  Ohio, 

478 

Olcotf  s  brook,  embankment  at. 

414 

waste  weir  at. 

A  20 

Olmsted,  Mr.                                               172,  336.  7. 

3-10,2,7, 

8,  9 

Oneida  Castle, 

228 

Oneida  county,  petitions  from,  for  canal, 

46.  h 

20,1 

proposition  in  1817,  to  tax  it, 

284 

petitions  from,  to  improve  Oswego  river, 

429 

Oneida  creek,  embankment  at, 

414 

aqueduct  at,                                                        :  .  418. 

445 

waste  weir  near, 

420 

Oneido  lake — route  from  to  lake  Ontario  to  be  explored,  kc. 

H 

J.  Geddes's  report  as  to  communication  between  lake  Ontario 

and  Oneida  lake,  distance,  &c. 

13 

rapids  in, 

lowering  of  Oneida  lake. 

14 

51 

distances  to  3  river  point. 

14 

waste  weirs  and  locks, 

15 

Oneida  lake  to  Cayuga  marshes, 

24 

12  1-2  feet  fall  from  the  lake  to  three  River  point, 

25 

rise  of, 

27 

above  Troy  level, 

29 

connecting  it  with  the  Onondaga  Salines, 

31 

Mr.  Geddes  refers  to  his  map  of  the  country  from  Oneida  lake 

to  lake  Ontario, 

33 

outlet  of, 

33 

navigation  of,  alluded  to. 

43, 

48 

obstructions  at, 

51 

lake,  where  it  lies, 

53, 

55 

INDEX. 


INDEX.  Oneida  river — banks  low,  &c.  2u 
"""""V  plans  concerning-,  27.  28 

channels  to  be  ploughed  in.  28 

Oneida  valley.  -  30 

Onondaga  county, 

petitions  from,  for  canal,  46.  121 

proposition  in  1817,  to  tax  it.  284 
petitions  from,  to  improve  Oswego  river,  &c.  429 
marl  in,  446 

Onondaga  creek,  30,  401 

embankment  at,  414 
aqueduct  over,  146.  235.  418.  435 

lake,  30.  53 

outlet,  489 

Onondaga  salines,  31.  38 

Onondaga  salt — duties  on,  362 
[see  also  Laws,  Canal  Commissioners,  &c] 

Ontario  county, 

petitions  from,  for  canal,  121 
proposition  in  1817,  to  tax  it,  284 
Ontario  lake — ground  between  that  and  lake  Erie  to  be  examined,  kc      1 2 
J.  Geddes's  report  as  to  communication  between  lake  Ontario 

and  Oneida  lake,  distance,  £?c  13 
as  to  interior  route  without  descending  to,  or  passing  through 

lake  Ontario,  13 
summits  between  Rotterdam,  Salmon  creek,  kc.  13 
lake  Erie  more  shallow  than  lake  Ontario,  24 
above  Troy  level,  29 
communication  between  lake  Ontario  and  lake  Erie,  29 
Mr.  Geddes  refers  to  his  map  from  Oneida  lake  to  L.  Ontario,  33 
vessels,  kc.  by  a  certain  route  to  navigate  the  lake  and  the 

Hudson  river,  48 
descent  to  lake  Ontario,  54 
side  cut  to  lake  Ontario,  63 
freight  from  lake  Ontario  to  Ogdensburgh,  76 
project  of  canal  from,  considered,  104,  105.  130 

lake,  subject  to  tempests,  128 
petitions,  kc.  to  connect  lake  Ontario  with  the  grand  canal,  429 
Ontario  route,  130,  1,  2 

advantages  of,  31,  2 

Ontario  Valley,  144 
Opinions  where  canal  should  commence,  kc.  130 

(See  Canal  Commissioners.) 
Oriskany  Creek,  52,  248 

expensive  dam  at.  414 
breach  at,  451 
Oriskany  hill,  534 
Orton,  Mr.  508,  10 

Orris,  Mr.  384 
Osborn,  Mr.  149,  152,  4,  8.  160,  3,  4,  7.  9.  384,  6.  427 


INDEX. 


Ostrander,  Mr.  150,  2,  4,  163,  4,  7,  9.  182,  271,  336,  7.  340,  4,  7,  8,0  IM'KX- 

427       V  v 

Oswego,  route  to  harbor  of,  I  ,,  17,  18 

difficulties  below  the  falls,  16 

embankment  at  village  of,  17 

falls  of,  33,  49-1 

river,  131 

petitions  to  improve  river,  429 

can  a  canal  be  made  between  Oswego  and  Oneida  lake  ?  1 1 

canal  on  adjacent  shore  of,  impracticable,  (Mr.  Gallatin.)  13 

ridge  of  land  at,  14 

distances,  &c.  M 

expense  of  lockage,  &c.  (Mr.  Gallatin,)  U 
waste  weirs  and  locks, 

entrance  to  river  of,  30 
land  carriage  from,  to  Lewiston, 

reference  to  map  of,  and  tiver,  and  fall?,  3  : 

navigation  of  river,  alluded  to,  40 

survey  from  mouth  of  river,  489,  500 

sura  proposed  for  improving  river,  507 
(See  also  laws — Canal  Commissioners.) 

Oswego  county,  petitions  from,  to  improve  Oswego  river,  6zc.  -\2rJ 

Otter  creek,  101 
Otisco  lake, 

Owasco  lake,  30,  53,  55 

outlet,  242 

embankment  at.  414 

aqueduct  at,  nn    u:>*  450 

Owego,  portage  to,  fi3 

P. 

Paine,  Mr.  tfrl*  SSt,  0,  9.  340,  4,  C 

Palatine,  544  <  564 

Palmer,  Mr.  109,  11,  12,  14.  149.  152,  4,  8.  160,  3.  4,  7,  9.  17). 

181,  2.  271.  336,  7.  341,  2,  7,  8,  9 
Palmyra.  43  •  r'J 

Paris  and  Rouen,  (in  France,) 

transportation  between. 
Paris,  (in  Oneida  county,) 

petition  from,  for  canal. 
Paris,  Mr.  108.  ^  7-  194 

Parks,  Mr.  149.  152,  4,  9.  162,  5,  7,  9.  173.  181.  183 

Parsons,  Mr.  271.  336,  8,  9.  340,  1,  3,  5,  6,  8.  350.  507,  8,  10 

Passengers  in  steam-boats,  tax  proposed  on.  1 43.  28  1 

Patterson,  Mr.  386-  508>  10 

Peacock,  W.  Mr. 

part  of  route  explored  b\  ,0;;- 

expenses  of. 


000 


INDEX. 


INDEX.     Peacock,  W.  Mr. 

— v — — '              his  maps  referred  to,  4oJ 

see  also,  482,  & 
Peck,  Mr. 

his  motion  to  postpone  resolution  in  1801).  10 

his  name  on  a  division,  1 1 
Peek,  Mr.                                                       272.  339.  340,  1,  5,  6 

Peltry,  129 

Pendleton,  Mr.  335,  7,  8,  9.  340,  1,  5,  6,  9 
Pennsylvania,  (state  of,) 

importance  of  canal  to  that  state,  92 

proposed  share  of  public  lands,  97,  8 

expected  to  co-operate  in  the  canal,  103 

Mr.  Weston  superintended  canals  in,  133 

Perrington,  146 

Petitions  in  1810,  in  favor  of  the  canals,  alluded  to,  46 

do.                do.                do.  119 

from  the  city  of  New-York  in  1816,  at  large,  122 

from  other  towns  and  counties,  119.  120,  1,  2 
Pettit,  Mr.  272.  336,  9.  342,  3,  4,  5,  7,  8.  350 
Phelps,  Mr.                            102,  9,  11,  12,  14.  186,  7,  8.  194.  383,  6 

Philadelphia,  freight  from,  &c.  277.  474 

Philips,  Mr.                                         ,  508.  510 

Pierson,  Mr.  384,  6 

Pine,  Mr.  508 

Pitcher,  Mr.  272.  336.  341,  2,  3,  4,  5,  6,  3,  9 
Pittsburgh,                                                         127,  8.  132.  277.  474 

freight  to,  277 

Pixley,  Mr.                                                  337,  8,  9.  340,  1,  5,  7,  8,  9 

Plank,  287,  S 
Plaster,  (see  Gypsum.) 

Piatt,  Mr.  his  resolution  in  1810,  46 

his  motion  to  publish  report  in  1811,  69 
his  name  on  divisions,                 102.  186,  7,  8.  194.  272.  337,  9 

340,  1,  5,  7,  8,  9 

Plattekill,  261 

Plough  and  scraper,  405.  441  2 

Ponds  for  mills,  &c.  57 

Pool's  Brook,  waste  weir  at,  420 

Population,  increase  of,  276 

Pork,  boats  loaded  with,  &c  129 

relative  to,  474 

Portage,  from  Lewiston  to  Black  Rock.  20 

to  Newtown  and  Owego,  63 

between  Chicago  and  Illinois,  128 

west  of  Rome,                  ■  367 

generally,  478 
Porter,  Mr.                   149.  152,  4,  9.  162,  4.  173.  337,9.  341,  5,  6,  8,  9 

Porter,  A.  Mr.  his  letter  referred  to-  205 

letter  at  large-.  313 


INDEX 


601 


Porter,  P.  B.  Mr.  his  name  as  canal  commissioner,  41,0.  09.  70.  100  INDEX. 

110.  194  v  ^~ 

his  speech  in  congress  alluded  to,  470 
Portugal,  trade  to,  alluded  to,  63 
Pot  and  Pearl  ashes,  129.  288 

Potomac  Company,  proposed  share  of  public  lands,  99 
Potomac  River,  45.  96,  9 

Potter,  J.  Mr.  109.  111.  112.  114 

Potter,  N.  Mr.  109.  111.  112-  114.  109.  191,2,3 

Powell,  Mr.  383,  6.  507,  8 

Powers,  Mr.  150,2,4,9.  162,4.  173.  181,3 

Pratt,  Mr.  508.  510 

Pray,  Mr.  384 
Prendergast,  Mr.         174,  6,  7,  8.  272.  337,  9.  341,  2,  5,  7,  8,  9.  351,  2,  3 

354,  5,  6,  7 

President  of  the  U.  S.  reference  to  his  message  to  congress,  by  Mr. 

Ford,  in  his  resolution  of  February  4,  1800,  7 
copy  of  the  survey,  &c.  of  1808  to  be  sent  to  hira,  1 0 

letter  sent  to  him,  &c.  70.  90 

deputation  personally  wait  on  him,  91 
his  message  to  congress,  95 
he  approves  the  canal  system,  95 
proposed  powers  to  desiguate  tracts  of  land.  £c.  100 
Presque  Isle,  47S 
Price,  Mr.  508.  510 

Prio  tup's  Creek,  263 
Public  faith  of  U.  S.  proposed  to  be  pledged,  that  lands  ceded,  be  not 

sold  under  §2  per  acre,  99 
Pulteney ,  Sir  W.  cession  of  lands  from  heirs  of,  1 06 


a. 


Quebec,  287 

(see  also  Montreal.) 

Queenstown  to  Chippewa,  transportation  of  goods,  <fcc.  63 
Questions  on  divisions,  (see  divisions,  legislative  proceedings.) 

R. 

RadclifT,  Mr.                                102.  116.  174,5,6,7,8.  189.  190,2,3 

Railways,  alluded  to,  49.  56 

Rainy  season  in  1017,  noticed,  kc.  375 

1810,  399 

Randall,  Mr.  333,  6 

Ransford,  Mr.  109.  1 1 ! 

Rapids,  west  end  of  Oneida  lake,  1  i 

to  Oswego,  15 

Black  Rock  rapid.  *0 

in  St.  Lawrence,  ,0 

Gallott's  rapids,  -,<> 


INDEX, 


INDEX.  Lacbine  rapid,  51 

"V  bars  or  rapids  in  the  Tonnewanta,  55 

Raritan  river,  96 
Rates  of  toll  in  1823,  558 
1825,  558,9 
Rawson,  Mr.  150,2,4,9.  165,5.  173.  181,3 

Rea,  Mr.  10 
Reading,  petition  from,  for  canal,  119 
Red  creek,  37.  216 

Reddington,  Mr.  189.  190,  1,  2,  3 

Reefs,  lake  reef,  Caughanoy,  Oak  Orchard,  Oak  Point  and  Horse  Shoe,  14 
Reel's  creek,  535 
Rees*  Cyclopedia  quoted,  17.  24.  27 

Reid,  Mr.  149.  152,4.  162,4,6,9.  173.  181,3 

Rennie,  Mr.  his  opinion,  &c.  27 
Reports,  of  Joint  Committee  on  canals,  March  21,  1808,  approving 
the  plan  of  canals  from  the  Hudson  through  the  waters 
of  the  Mohawk,  and  the  intermediate  lakes  to  lake  Erie,        8.  9 
resolution  offered,  directing  surveyor  general  to  explore 

route,  Sec.  9 
senate  postpone  it,  1  o 

afterwards  agree  to  it,  10 
(See  canal  commissioners,  canal  committee.) 
Requa,  Mr.  150,3,4,9.  161,2,5,6.  170,3.  183.  383,6.  427 

Revenue  for  making  canal,  142 
Revenues  of  the  state  in  1817,  2.'J3 

(See  also  Canal  Commissioners — Laws.) 
Rich,  Mr.  186,  187,  188,  191 

Ridges  of  land,  mentioned,  14,  54}  55 

Ridgeway,  petition  from,  for  canal,  122 
River  navigation,  273 
Rivers,  opinion  of  W.  Chapman  as  to  falls  in,  2g 
may  be  rendered  uniform,  and  quotes  W.  Jessop,  27 
beds  of,  not  useful  in  internal  navigation,  #c.  48,  200 

but  they  supply  water  for  canals,  57 
Roads,  J.  Geddes's  remarks  upon,  23,  4 

between  Utica  and  Salina,  399 
52  public  roads,  intersect  one  portion  of  the  canal,  413 
between  Schenectady  and  Utica,  &c.  48 
Newtown  and  Oswego,  63 
Roanoke,  96,  98 

Roberts,  N.  S.  Mr.  referred  to,  kc.  407 
Rochdale  canal,  1 35 

Rochester,  Mr.  27.2,  337,  340,  2,  6,  8,  9 

Rochester,  (village  of,)  213,  152 

side  cut  to,  511 
Rockefeller,  Mr.  109,  112,  114 

Rocks,  below  Oswego  falls,  16 
(See  Little  Falls— Canal  Commissioners.] 


INDEX. 


Rogers,  Mr.  189,  J  00,  2,  3  INDEX 

Roggen,  Mr.  150,  2,  4,  9.  161,  5,  6,  9.  173,  I  HI,  3V  v  ' 

Romaine,  Mr.  271,  336,  8,  341,  2,  3,  5,  G,  8,  350,  4Sttt  503,  10 

Rome,  summit  above  pound  lock,  at  13,  29 

canal  at,  and  to,  alluded  to,  61 
boat  navigation  from,  to  Lake  Ontario,  .00 
to  Oswsgo,  50 
elevation  above  the  Mohawk,  61 
descent  from  Lake  Erie  to  Rome  summit,  60,  65 

to  Hudson  river,  65,  130 

Mr.  Weston's  opinion,  &e.  74,  75 

route  from,  to  Seneca,  recommended  first  to  be  undertaken,  1 18,  531 
plan  of  the  country  from  Cayuga  outlet,  to,  146 
canal  operations  commenced  at,  367 
level,  400 
summit  extended  to  60  miles,  I  L0 

Rondequet,  (See  Irondequot,)  37,  33 

Root,  Mr.  his  motion,  June  17,  1812,  194 
do.  February  10,  1813,  101,  2 

do.  January  27,  1814,  107 

his  name  in  divisions,  102,  115,  384,  6.  327,  510 

Rose,  Mr.  150,  2,  4,  8.  161,  3,  6,  9.  173.  189.  191,  2.  508,  10 

Roseboom,  Mr.  189.  191,  2,  3 

Roseburgh,  Mr.  272.  336.  341,  2,  3,  5,  8,  9 

Rosecrants,  Mr.  271.  336,  9.  341,  5,  6,  8,  9.  383,  7 

Ross,  Mr.  .109.  Ill,  12,  14.  174,  5,  6,  7,  8.  189.  190,  1,  2,  3. 

351,  2,  3,  4,  5,  6,  7 

Rotterdam,  on  lake  Ontario, 

between  that  and  Salmon  creek,  summit.  &c.  13.  14 

Rouen  and  Paris,  (in  France,) 

transportation  between,  48 
Rouse,  Mr.  115.  186,  7,  8.  194 

Routes  of  canals,  maps  thereof,  &c.  3 

route  required,  taken  in  1808,  9 

see  mterior  route,  13.  24 

route  from  Rome  to  Seneca  recommended,  first  to  be  under- 
taken, tt% 

Ontario  route,  130,  1>  2 

Rush  brook,  211 

culverts  at, 

Russell,  Mr.  109,  11,  14.  149.  152,  4,  9.  161,  2,  4.  173.  131,  3,  9.  191,  3.  271 

336,  8,  9.  341,  2,  3,  5,  6,  8.  350 

Russia,  (in  Herkimer,) 

petition  from,  for  canal,  H* 

Sacket,  James,  Mr.  383»  7 

Sackett,  Jehiel,  Mr.  384^  7 

Sadaqueda  creek, 


/ 


€HM  INDEX. 

INDEX.    Sadaqueda,  embankment  at, 

**^*V"«W               aqueduct  at,  413 

Salaries  of  canal  commissioners,  429,  435 

Salina,  31,38 

salt  works  at,  40 1 

Salina  plains,  235,  400 

side  cut  recommended  at,  416 

embankment  at,  400 

length  of  side  cut,  451 

town  of,  478 

Saline  river,  478 

Salmon  creek,  summit  between  that  and  Rotterdam,  13 

culvert  at,  211 
Salt,                                                    129,  273,  9.  288,  379,  475,  6,  7 

exported  from  Salina,  478 

duties  on,  proposed  for  canal  in  1816,  and  1817,  143,  282 

imposed  by  law,  362 

quantity  imported  and  consumed  in  the  U.  S.  479,  480 

do.      made  in  the  U.  S.             •  480 

price  of,  &c.  480 

revenue  from,  439 

Sand  stone,  (red)  207 

Sandy  creek,  145,  209,  210 

Sandusky,  freight  from  New-York  to,  128,  478 
Sanford,  Mr.  149,  153,  5,  9.  161,  2,  5.  6,  9.  173,  181,  3,  7,  8.  194,  336,  8 

341,  3,  4,  5,  6,  9.  350 

Sanger,  Mr.                                                        150,  2,  4,  8.  160,  3 
Santee  river,  96,  98 
Saratoga  falls,  291 
Saratoga,  (town  of)  proposition  in  1817  to  tax  it,  284 
Sargent,  Mr.                                      336,  341,  2,  3,  4,  5,  9.  350,  387 
Satterlee,  Mr.  109,  114 
Savage,  Mr.                                                         109,  111,  112,  114 
Savanna  river,  96,  99 
Sayre,  Mr.                                         109,  111,  112,  114,  190,  1,  2,  3 
Scawyas,  318 
Schenck,  Mr.  427,  508 
Schenectady  to  Cayuga  lake,  &c.  [in  note,]  27 
route  from,  to  Oswego,  alluded  to,  39 
from  Schenectady  to  the  falls,  the  Hudson,  &c.  canals  practi- 
cable, 48 
high  ground  between  Schenectady  and  Albany,  61,  62 
Schermerhorn,  Mr.  383,  7 
Schlosser  to  Lewiston,  18.  20.  34,5 
to  Black  Rock,  19 
to  Lake  Erie,  20 
rise  and  fall  of  the  waters,  22 
no  road  from,  to  Black  Rock,  24 
Schoharie  Creek,  52 


INDEX. 


Schoharie  Creek,  elevation  at,  i.J  LNDKX. 

descent  from  L.  Erie  to,  6 1  N>^*v-^. 

Schoolcraft,  Mr.                                  1  ,.\  4,  8.  ICO,  3,  G,  9.  173.  181,3 

Schuyler,  Gen.  P.  his  route  referred  to,  289 

Schuyler,  P.  J.  Mr.  his  name  as  canal  commissioner,  in  the  bill  from 

the  Assembly  in  1816,  167 

Schuyler,  town  of,  petition  from  for  a  canal,  I  J  J 

Schuyler's  mills,  20  I 

Schuylkill,  96,  8 

Sciota  River,  KM 

Scotland,  canal  from  the  Forth  to  the  Clyde,  134 

Scott  Creek,  33 

Sears,  Mr.                                              190,  1,  2.  272.  336.  341,  7,  9 

Sebring,  Mr.  139.  191,%* 

Secretary  of  State,  his  duty  under  act  of  1825,  J.  ! 
Secretary  of  the  Treasury  of  the  U.  S.  two  canal  commissioners  wait  on 

him,  and  his  opinion  on  the  application.  91,2 

Selby,  Mr.  383,  7 

Senate,  copies  of  this  work  for  that  body,  4 

Seneca,  petition  from,  for  canal,  119.  120 

proposition  in  1817,  to  tax  the  county  of,  21',  1 

Seneca  Falls,  30 

Seneca  Lake,  above  Cayuga  Lake,  30 

difficulties  suggested,  as  to  a  canal  crossing  it,  Gl 

side  cut  to  63 

descent  from  L.  Erie  to,  &c.  60.  476 

Seneca  Lock  Navigation  Company,  319 

Seneca  River,  131,  116.  219.  449 

lower  than  Lake  Erie,  ttt 

see  also  Col.  My nderse's  letter,  317 

from  Skaneatelas  outlet  to,  403 

Severn  river — T.  Telford's  plan,  kc.  27 

W.  Jessop's  opinion,  27 

Seymour,  Mr.                                     174,  5.  351,  2,  3,  4,  5,  6,  7  508 
Seymour,  Mr.  his  name  inserted  as  Canal  Commissioner  in  the  bill 

from  the  Assembly,  in  1816,  167 

is  appointed  a  Canal  Commissioner  in  1819,  ISQ 
Shallows — see  rapids,  steeps,  &c. 

Sharp,  Mr.                                                     271.  381,  7.  507,  S.  510 

Sheldon,  Mr.— his  motion,  June  17,  1812,  191 
Shells, 

Shepherd's  brook — waste  weir  at,  12<J 

Sherman,  Mr.                                     271.  336.  C10,  1,  3,  5,  6,  9.  350 

Sherman's  mill  pond,  217 

Shew,  Mr.  387 

Ship  timber,  287.  378 

Shoemaker,  Mr.  lT.o.  181,  2,  J 

Side  cut  at  Salina,  401 

from  Oneida  lake  to  Oswego  falls,  15 

to  Seneca  and  Cayuga  lake*.  63 


0  INDEX. 

INDEX.    Sinking  fund-— suggested,  282,  31 

Comptroller  required  to  report  a  system  for,  511 
Skaneatelas  lake,  30.  53,  5 

outlet,  239.  240.  401.  403 

embankment  at,  414 
aqueduct  at,  53,  5.  418.  445 

Slate,  55 
Smalley,  Mr.  186,  7,  8.  194 

Smith,  Mr.  11.  102.  115.  187,  8,  9.  190,  2,  3,  4 

Smith,  B.Mr.  150,  2,  8.  160,  3,  7,  9.  173 

Smith,  E.  Mr.  5.  271.  337,  8,  9.  340,  1,  3,  5,  7,  8.  350 

Smith,  J.Mr.    109.  111.  112.  114.  150,  2,  5,  9.  161,  2,  4,  6,  9.  181,  3 
272.  336,  8.  341,  2,  3,  5,  6,  9.  350.  383,  7 
Smith,  Jesse,  Mr.  150,  2,  5,  8,  161,  4,  9.  173 

Smith,  Joseph,  Mr.  150,  2,  4,  8.  160,  3.  4,  9.  173,  181,  2 

Smith,  L.  Mr.  508.  510 

Smith,  M.  J»r.  109.  114.  387 

Smith,  N.  Mr. — l  is  name  inserted  as  Canal  Commissioner  in  the  bill 

from  the  Assert b\«,  ia  ItfW,  167 
Smith,  R.  Mr.  2/2.*  336.  340,  2,  5,  6,  9 

Smith,  S.  Mr.  384 
Smith,  S.  A.  Mr.  271,  336,  8,  9.  340,  1,  3,  5,  6,  9.  350.  387.  508.  510 
Snell,  Mr.  10 
Snyder,  Mr.  510 
Sodus  bay,  30.  43 

South  Carolina,  (state  of,) 

proposed  share  of  public  lands,  98 
Soutberland,  Mr.  109.  190,  2.  383,  7 

Sowasie  reef,  30 
SpaiD,  trade  to,  alluded  to,  63 
Spars,  287.  378 

Speakers  of  the  Assembly,  see  divisions. 

Sprague,  Mr.  149.  152,  4,  8.  160,  3,  4.  173 

Spring  creek,  201.  242 

Squaw  island,  44 
Squire,  Mr.  271.  337,  8,  9.  340,  2,  4,  5,  6,  9.  350 

Stanley,  Mr.  189.  190 

Stapleys,  Mr.  384,  7 

Stauring's  creek,  536 
Starkweather,  Mr.  Ill,  12.  192 

State  jealousies, 

excited  against  New-York,  92.  103 

State  library,  copies  of  this  work  for,  4 
State  prisoners  may  be  employed  on  canals,  &c.  365 
States  and  territories  to  be  applied  to  for  aid,  &c.  70.  89 

contributions  anticipated,  '  285 
Staunton,  Sir  George,  mentioned,  24 
Staves,  129 
St.  Clair  lake,  127 
Steam-boat  passengers, 

tax  on,  proposed  in  181  fl.  143 


JKDEX. 


Ou7 


Steam-boat  passengers, 

do.  in  1C17, 

law,  imposing  a  tax  on,  in  1817, 
Stearns,  I.Ir.  186,  7,  B 

Stebbins,  Mr.      150,  5,  9.  161,  2,  5,  G.  170,  3.  181,  3.  271.  337.  8,  9. 

340,  2,  4,  5,  7,  8.  350 

Steele,  H.  Mr.  508.  510 

Steele,  P.  Mr.  508.  510 

Steel's  creek,  254 
Steeps,  the  three,  51 
Stevenson,  Mr.  150,  2,  5,  9.  1G1,  2,  4,  G,  9.  173.  181,  .J 

Stewart,  Mr.  115.  174,  5,  6,  7,  8.  351,  2,  3,  4,  5,  C,  7 

St.  Francis  lake,  50 
Stillwater  falls,  200 
Stillwater,  (town  of)  290 
proposition  in  1817  to  tax  li,  284 
Stimson,  Mr.  334,  7 

St.  Lawrence  river,  trade  ou,  kc.  31,  50,  104,  105,  275,  8 

rapids  in,  50,  128 

navigation  of,  63 
Mr.  Weston's  opinion,  &c.  75 
locked  up  by  ice  part  of  the  year,  1J9 
loaded  boats  on,  473 
Stone  Arabia,  545 
Stone  creek,  J7 
Stone,  expense  of,  &c.  41 1 

Stone  ridge,  .">3r> 
Stone's  saw  mill,  36 
Stony  creek,  J  J  ! 

culvert  at,  419 
Storrs,  Mr.  189,  190,  2,  3.  508,  510 

St.  Peter's  lake,  50 
Stranahan,  Mr.  115,  174,  351,  2,  3,  4,  5,  6,  7 

Strong,  Mr.   110,  111,  113,  114.  150,  2,  4,  8.  160,  3,  5,  6,  9.  173,  1 8 1 

ft,  3.  508,  510 

Sullivan,  J.  L.  Mr.  letter  from,  18 » 

Summits,  at  Rotterdam,  13 
Salmon  creek,  13 
Ontario  lake,  13.  60 

Rome,  13,  50,  367 

Oneida  lake,  13 
between  Tonewanta  creek,  and  Black  creek,  20 
Tonewanta  swamp  above  Toncwanta  creek, 

same  swamp  above  Lake  F.rie,  »o 
between  Irondequot  and  Mud  creek,  28 
Mud  creek  and  Genesee  river,  ~  - 

Boyle  summit,  and  summit  pound,  above  Troy, 
Lake  Eric,  Toncwanta  swamp,  Genesee  river,  Cayuga  marshes 
or  lake.  Three  River  Point,  Oneida  lake,  Rome  summit 
pound,  and  lake  Ontario,  are  above  Troy  level, 
(See  also  inclined  plane  and  maps.) 


j » 


G08 


INDEX. 


INDEX.  Summit  pound  at  Rome,  2£ 
Superior,  lake,  64 
Supreme  Court,  confirm  the  award  of  the  commissioners  appointed  to 

appraise  the  value  of  the  rights  of  the  W.  I.  L.  N.  Company,  505 
Survey,  from  the  mouth  of  Oswego  river  to  Three  River  point,      429,  489 

(See  also,  Canal  Commissioners,  and  maps.) 
Surveyors,  <Src.  to  be  employed,  70 
Surveyor  General,  (Simeon  De  Witt,)  directed,  in  1808,  to  cause  sur- 
veys to  be  made,  &c.  9,  10 
expenses  to  be  paid  him,  11 
appoints  J.  Geddes,  in  1 808,  and  his  instructions  to  him,  11 
his  letter  to  W.  Darby,  in  1822,  38 
Susquehannah,  communication  with,                             63,  96,  7,  8.  103 
Swamp  creek,  culverts  at,  419 
Swamps  and  marshes,                                                             57,  399 
west  of  Genesee  river,  57 
Swart,  Mr.                                                             351,  3,  5,  7.  510 
Swift,  Mr.                          102,  115,  175,  6,  7,  8.  335,  351,  2,  3,  4,  5 
Swift,  P.  Mr.  letter  from,  as  to  his  mill  canal,-  312 

T. 

Tabor,  Mr.  115,  187,  8.  194,  271,  336,  340,  2,  5,  8.  350,  383,  7 

Tappen,  Mr.  338,  9,  340,  2,  4,  6,  8,  350 


Tar, 

129 

Taxes  and  duties,  proposed  in  1816,  for  canal, 

143 

do.  1817, 

282, 

3,  4 

clause  struck  out, 

335 

law  imposing, 

362 

referred  to  by  Canal  commissioners, 

42S 

local  tax  suspended,  and  also  report  on, 

434, 

458 

Tayler,  Mr.  one  of  canal  committee,  in  1808, 

his  name  on  divisions,  fyc. 

10,  102,  187,  8. 

194 

his  motion,  June  5,  1812, 

187 

Taylor,  Mr.  152,  4,  8,  160,  3,  4,  7,  9.  173,  181,  2.  192,  3 

Teeple,  Mr.  190,  1,  2,  3 

Tellford,  T.  Mr.  quoted,  24 

his  plan  of  improving  the  Severn^  27 

Tennesee  river,  96,  9 

Tennesee  (state  of,)  applied  to  for  aid,  72 

proposed  share  of  public  lands,  98 

Thomas,  Mr.  1° 

Thomas,  D.  Mr.  employed  as  engineer,  453 

his  surveys  at  Buffalo  harbor,  422 

his  report  relative  to  Buffalo  harbor.  482 

Thompson,  Mr.                           '  27* 

Thompson,  B.  F.  Mr.  150,  5.  162 
Thompson,  J.  Mr.                                                  t*9£  111,  114,  427 

Thompson,  L.  Mv,  109,  111,  113 


INDEX. 


Thompson,  W.  Mr. 
Thorn,  Mr. 

Three  river  point,  distances,  &c. 

above  Troy,  Sfc. 

survey  to, 
Three  river  reef, 
Throop,  Mr. 
Tibbits,  Mr. 
Timber,  see  lumber. 
Tioga,  waters  of, 
Tolls,  estimate  of,  &c. 

proposition  in  1816,  to  be  applied  for  expense  of  canal, 

also  in  1817, 

rates  of,  in  1823, 
in  1825. 

Tombigbee  river, 

Tompkin9,  D.  D.  governor,  bis  speech  in  1816. 

1817, 

Tonnage,  on  lake  Erie,  British  and  American,  stated, 
Tonnewanta  creek,  description  was  given,  by  J.  Ellicott,  of  the 
country  from  that  creek  to  Genesee  river, 

long  distance  from  the  end  of  the  lake  to  this  creek, 

distances,  &c. 

to  Black  creek  and  Niagara  river. 

summit  between  and  black  creek, 

the  creek  lower  than  the  swamp, 

it  falls  into  the  Niagara, 

bars  or  rapids  in  it,  &c. 

descent  from  L.  Erie  to  the  mouth, 

distance  of  Tonnewanta  to  Cayuga  river. 

an  exception  to  most  creeks,  and  why,  &c 

dam  and  lock  at, 
Tonnewanta  swamp, 

above  waters  at  Troy, 
Tonnewanta  valley, 
Tonnewanta  village, 
Tooker,  Mr. 
Towing  paths, 

(See  Canal  Commissioners.) 
Towns,  anticipated  that  they  will  rise  upon  the  banks  of  canal, 

(See  Canal  Commissioners.) 
Townsend,  Mr.  115.  186,  7,  8.  194.  271.  337,  8,  9.  340,  2,  4,  5,  6,  8. 
Trade,  west  of  the  Allegany, 

efforts  made  by  our  sister  states  to  secure  the  trade  of,  kc. 

effect  of  the  canal  on, 

between  Philadelphia  and  Pittsburgh, 

(See  Canal  Commissioners,  freight,) 
Transportation  ou  canal  from  lake  Kric  to  Hudson  river,  computed  at 

$3  per  ton,  65 

'See  Freight.  Trade.  Canal  Commi^^nc^ 


150,  2,  8,  160,  4,  7,  9,  173,  181,  I 

11 

14,  38 
29  30 
489 

497 

38$  7 

J  74,  5,  6.  335.  351,2,3,4,5,6,7 

54 
79.  80 
143 
285 
558 

558,9 
9S 

lit; 

o34 
473 

12 

20 

22.  203 
24.  469 

2£ 
55 
59 
60 
82 
200 
469 
28 
29 
(44 
55 
384,6 
20.  26.  456 

129 

350 

7 

127,  8 
17! 


144. 


<U0  INDEX. 

INBEX.     Treasurer  of  state,  to  pay  expenses,  &c.  of  this  publication,  4 

w    v      /  Treadwell,  Mr.  508.  510 

Trees,  removed  by  endless  screw,  roller,  &c  404 

Tripe's  hill,  548 

Tripp,  Mr.  384,  7 

Troup,  R.  Mr.  cession  of  land  from,  106 

Trowbridge,  Mr.  189.  190,  2,  3 
Troy, 

places  above  the  level  of  the  tide  at  Troy,  133.  291 

petition  from  Troy,  for  canal,  120,1 

lateral  canals  to,  266 

proposed  in  1817,  to  tax  Troy,  284 

Turner,  Mr.                                      271.  340,  2,  5,  7,  8.  350.  383,  7 

Turnpike  roads,  crossing  hills,  &c.  53 

(See  Freight,  Trade,  Canal  Commissioners,) 

TuthilljMr.  508.  510 

Two  mountains,  lake  of  the,  5 1 

Tylee,  Mr.  189.  191,  2,  3 

Tyler,  Mr.                                                          190,  1,  2,  3.  384,  6 

Tyler's  brook,  242 

waste  weir  at,  420 

U. 

Ulshoeffer,  Mr.                                                      384,  7.  507,  8.  510 

Ulysses,  petition  from,  for  canal,  120 

Unadilla  Creek,  54 

United  States,  reference  to  the  message  of  the  President  of,  in  Mr. 

Forman's  resolution,  February  4,  1808,  7 

as  to  paying  part  of  expense  of  canal  considered,  68.  280 

commissioners  authorised  to  apply  to  congress,  70 

that  body,  is  applied  to,  71 

the  application  made  to  congress,  88 

congress  appoint  committee,  93 

alteration  of  opinion  of  that  committee,  93,  4 

canal  important  to  the  U.  States,  94 

form  of  a  bill  proposed  to  congress  to  be  passed,  95 

the  territory  of  the  U.  S.  favorable  to  canals,  124,  5 
application  to  congress,  and  to  the  different  states  and  territo- 
ries, directed  to  be  made  by  the  act  of  1816,  and  in  1817, 

184.  292 

contributions  from,  anticipated,  285 
application  to  members  of  congress  from  the  state  of  New- 
York,  311 
salt  imported  and  consumed  in,  480 
Upper  Blue  Springs,                      '  477 
Upper  Canada,  276 
Upper  lakes,  63;  4.  127 
t              Utica,  land  -carriage  we?t  of  Rome  U-  r1fi7 


INDEX. 


VLVDEX. 
•  v  

Vail,  Mr.  509,  10  ? 

VanAlen,  Mr.  111.  U3.  114 

VanBuren,  Mr.  102.  115.  175,  C,  7,  8.  351,  2,  3,  4,  5,  C,  7 

Van  Cleef,  Mr.  383,  7 

Vanderpoel,  Mr.  150,  5,  0.  1CI,  2.  181,  3 

Van  Dyck,  Mr.  113 
Van  Fleet,  Mr.  109.  111.  111.  189,  190,  2,  3 

Van  Fossen,  Mr.  3H3.  006,  10 

Van  Hornc,  Mr.— his  name  on  division,        109.  111.  113.  114.  153,  4,  9 

160,  2,  6.  170,  3.  181,  3 
his  motion,  April  13,  1814,  113 
do.         April  3,  1816,  151 
do.  April  15,  1816,  170 

Van  Ingen,  Mr.  109.  111.  113  115 

Van  Orden,  Mr.  109.  111.  113.  190,  1,  2,  3 

Van  Rensselaer,  Mr.  J.  R. — his  name  on  division,  109.  111.  113.  115 
150,  2,  4,  8.  100,  3,  4,  6,  9.  173.  139,  190,  2,  3 
his  motion  March  24,  1814,  110 
do.  April  13,  1814,  112 
his  report  in  1816,  141 
his  motion  in  1816,  and  bringing-  in  a  bill,  149 
his  name  inserted  as  a  Canal  Commissioner  in  the  bill  from 

the  Assembly  in  1816,  167 
his  proposition  to  contract  for  the  whole  caoal,  and  the  terms, 
&c.  285,  6 

Van  Rensselaer,  S.  Mr.  as  Canal  Commissioner,      41,  6.^9.  70.  87.  106 

118.  167.  270.  331.  117 
appointed  in  1812,  194 
appointed  in  1816,  184 
he  presenU  four  views  for  this  work,  615 
VanSlyck,  Mr.  150,  3,  5,  9.  161,  2,  5,  6,  170,  3 

Van  Slyck's  shallow,  56 
Van  Vechten,  Mr.— his  name  on  divisions,  174,  5,  6,  7,  8.  189.  190,  2,3 

351,  2,  3,  4,  5,  6,  7 

Van  Valkenburgh,  Mr.  509,  10 

Van  Vleeck,  Mr.  109.  111.  387 

Van  Wyck,  Mr.  150,  2,  5,  9.  161,  2,  5,  7,  9.  173.  181,  3 

Van  Zandt,  Mr.  190,  1,  2,3 

Vedder,  Mr.  384 
Vedder's  ferry.  551 
Veeder,  Mr.  10 
Velocity  of  water,  &c.  St.  60 

Vendue  duties  proposed  in  1816,  for  caual.  143 
also  in  1817,  282 
granted  to  canal  in  1817,  362 
Verbryck,  Mr.  115.  174,  5,6,  7.8.  351,2,3,4,5,6,  7.  Sin 

Vermont  (state  of)  applied  to,  73 
alluded  to,  by  Gov.  Tompkins.  1 16 

trade  from,  276.  288.  387 


012  INDEX. 


INDEX.     Vessels — size,  &c.  of  those  to  navigate  Lake  Ontario  and  Hudson  Ki- 


V— — ver,  on  a  certain  route,  48 
of  those  that  are  to  navigate  the  canals,  50 
on  Lake  Erie,  tonnage  of,  473 
Victory,  Mr.  337,  8,  9,  340,  1,  4,  5,  6,  7,  9.  350 

Viele,  Mr.  190,  1,  2,  3 

Villages,  will  rise  upon  the  banks  of  the  canal,  &c.  129 
Caughnawaga,  referred  to,  547.  555 

(For  other  Towns  or  Villages,  see  under  their  proper  names.) 
Virginia,  state  of,  its  proposed  share  of  public  lands,  97,  9 

salt  works  in.  477 
Vrooman,  Mr.  109.  111.  113.  387 


W. 


Wabash,  96.  98 

WaiteMr.  190,1,2,3.  383,7 

Wakely,  Mr.  271.  336,9.  341,2,3,6,8.  350 

Walbridge,  Mr.  337.  340,2,5,7,8.  350.  509.  5il 

Walden,  Mr.  -  189.  190,2,3 

Wales,  alluded  to,  126 
Walton's  mills,  30 
Wapping  docks,  alluded  to,  17 
War  with  England  proves  an  obstacle  to  the  prosecution  of  the  canal, 

for  the  time,  &c.  102.  116 

Ward,  Mr.  8.  11 

Warner,  Mr.  •  109.  111.  113.  114.  150,2,4,8.  160,3.  170,3.  182.  272 

336,8.  340,2,5,6,8.  350.  509.  511 
Warren  county,  forges  in,  288 
Warren,  J.  Mr.  190,1,2,3 
Warren,  S.  Mr.  189.  190,2,3 

Washington  county,  proposition  in  1817,  to  tax  all  the  towns  in  it, 

except  Cambridge,  Jackson  and  White  Creek,  284 

forges  in,  288 
Wassenhaw  creek,  262 
Waste  weirs,  on  middle  section  ofEriecanaL  419.  445 

uses  of  defined,  411 

nearly  completed,  414 
Waterford,  266 

proposition  in  1817,  to  tax  it,  284 
Waterloo,  318.  409 

Water  proof  lime,  439.  448 

found  in  Madison,  Onondaga,  Cayuga,  Ontario  and  Gene- 
see counties,  449 
Watkins,  Mr.  427.  508.  510 

Watson,  Mr.  '  337,  8.  340,  2,  5,  6,  8.  350 

Webb,  Mr.  110.  111.  113.  114.  271.  336.  341,2,3,6,9.  350.  383 

Webster,  Mr.  150,  2,  4,  8.  160,  3,  7.  170,  3.  271.  336,  9.  341,  2, 6,  8.  350 
Weed,  Mr.  427 


INDEX. 


Weirs  and  locks,  between  Oneida  lake  and  Oswego  tali>.  15  INDEX. 

-v — 


opinion  as  to  wood  weirs,  &c. 

wens,  i*i r.              iyu,  l,  z,  o.  272.  Joo.  J4l. 

J, 

■     O     0 1 A  oca 

VVells,  1 1,  ivir. 

427 

vvenoeii,  iVir. 

i  act 

1 4 A     -    fi     "7  » 

"VVescoy,  waters  ot, 

A  E.1 

v>  esiorooK,  .»ir.                                i ou,  »i,  y.  loi, 

O  *l 

■l 

1  <U,  o,   loi,  ■ 

Western  Inland  I^ock  iVavigation  Company, 

;» 11  nriprl  to 

38,  282 

cimnnnt  charp'pd  hv  thorn  fin*  IhiMV  intrrotf  in 

87.  100 

H.  Bowne's  letter, 

100 

they  had  employed  Mr.  Weston, 

105 

to  treat  with  them  under  act  of  1812. 

191 

act  to  purchase  their  rights,  &c. 

361 

revenue  from,  to  belong  to  canal  fund. 

362 

proceedings  to  purchase  their  rights. 

502 

nrnno^pfl  to  nn rr'lr.i^o  tlipir  mrornwf 

282 

itpUH  Ul  *    tlUitl  *    UKIUUBBlUUCJ  3  OU,  <xi.'. 

331,  2 

West  Pennsylvania, 

47* 

Western  section, 

Canal  Commissioners  report  in  1819,  that 

it  should  be  first 

completed, 

425 

whole  length  of,  is  163  miles. 

438 

Western  States, 

importance  of  the  canal  to, 

92 

Weston,  Mr.                                   150,  4,  3.  160, 

3,  7 

17«,  3.  181,  3 

Weston,  Mr.  (an  engineer,)  alluded  to, 

30,  40,  49 

his  opinions  quoted,        74.  81,  82,  83,  84.  105 

100.  133,  4,  6 

his  estimate  of  expense  alluded  to, 

148 

his  examination  of  route,  do. 

266 

Weymouth  and  Taunton  canal, 

135 

Wheat  and  flour  sent  from  IV.  York,  &c. 

63 

wheat,  fyc.  on  canal, 

129 

Wheelbarrows, 

443 

Wheeler,  Mr. 

384,  7.  510 

Wheeler,  M.  Mr.  his  name  inserted  as  canal  commissioners  in  the  bill 

from  the  assembly  in  1816,  167 

Wheeler  and  Smith,  379 

Whipple's,  culverts  at,  419 

White,  Mr.  109.  113.  187,  8.  194.  272.  337,  8,  9.  340,  2,  4,  5,  7,  8.  350 
White  bottom  brook, 

waste  weir  at,  420 

White  C.  Mr.  alluded  to,  407 

his  examinations  critical,  &c.  407 

expenses  paid  him,  428 

engaged  in  exploring,  &c.  451 

Whitehall,  289.  377 

White  Oak  bluff,  21 

Whitestown,  culvert  at.  415 

Whiting,  J.  Mr.  1 50,  4.  *.  169,  3.  7.  170.  3 


614  INBEX. 

INDEX     Whiting,  M.  Mr.  150,  3,  5,  9.  161  2,  7.  170,  S 

*  v  '  Whitney,  J.  Mr.  272 

Whittemore,  Mr.  158.  160 

Wilcox,  Mr.  Ill,  113,  115 

Wilcoxson,  Mr.  335,  6,  7,  9.  343,  5,  7,  8.  350 

Wilkeson,  S.  Mr.  5 
Wilkin,  Mr.  115.  187,  8.  194 

Williams,  Mr.         10.  108,  110,  H,  13,  14.  150,  2,  4,  9.  160,  3,  5,  7. 

170,  3.  181,  2.  337,  8.  340,  2,  6,  7,  8.  350.  384,  7.  427.  510 
Williamsburgh,  145 
Willes,  Mr.  508 
Wilson,  Mr.  150,  3,  4,  8.  160,  3,7.  170,  3.  181,  2.  272,  337,  9.  346,  7,  9,  350 
Winne,  Mr.  109,  111 

Wood,  contiguous  to  lakes  George  and  Champlain,  287 
Wood,  Mr.  337,  9,  340,  2,  4,  5,  8,  350 

Wood  creek,  31,224,289,378 
canal  at,  alluded  to,  39 
navigation  of,  alluded  to,  48,  130,  3 

aqueduct  at  418 
waste  weir  at,  420 
towing  path  along,  456 
Woodruff,  Mr.  384,  7 

Wood's  mills,  30 
Woodward,  Mr.  155,  9.  101,  2,  173,  181,  3 

Woodworth,  Mr.  192,  3 

Wool,  129 
Wright,  Benjamin,  Mr.  his  statement  in  1816,  146 
his  estimates  of  expenses,  147,  8 

his  map  referred  to,  247 
certain  route  twice  travelled  and  surveyed  by  him,  266 
expenses  of,  331,  428 

re-examined  and  laid  off  into  sections  from  Rome,  369 
his  laborious  and  useful  services,  408,  503 

his  survey  of  the  north  side  of  Mohawk  river,  for  canal,  and 
report,  in  1811,  531  to  557 

Wynkoop,  Mr.  153,  4,  8,  160,  3.  173,  183 

Y. 

Yates,  H.  Mr.  102.  115.  186,  7,  8.  194.  398 

Yates,  J.  V.  N.  MA  4.  397 

Yellow  Creek,  478 

York,  Mr.  508,  10 

Young,  Mr.  113.  114.  189.  190,2,3.  427 
Young,  Samuel,  Mr.  his  name  inserted  as  canal  commissioner  in  the 

bill  from  the  Assembly  in  1816,  167 

is  appointed  by  the  act  of  1816,  184 

his  name  as  canal  commissioner,  270.  330,4.  381.  417.  426 

salary  paid  him  in  1 81 7,  428 

Z. 

Zabriskie,  Mr.  5.  109.  11 1 


VOLUME  L 
MAPS  AND  VIEWS 


View  of  the  Canal  at  its  entrance  into  the  Hudson  river  at  Albany. 

Fronting  title  page. 

PAGE. 

*     village  of  Black  Rock,  on  Niagara  river,  10 
"     aqueduct  bridge  across  the  Genesee  river  at  Rochester,  213 
aqueduct  bridge  across  the  Mohawk  river,  at  Little 
Falls,  B64 
Map  of  proposed  harbor  and  dock  at  Oswego, 

"  the  country  between  Oneida  and  Ontario  lakes,  32 
"     Oswego,  and  proposed  route  for  a  canal,  on  the  west  side 

of,  84 
"    Niagara  river,  from  lake  Erie  to  lake  Ontario,  with  pro- 
posed route  for  a  canal,  34 
"    the  country  between  the  Genesee  river  and  the  head  wa- 
ters of  Mud  creek,  and  survey  of  a  route  for  canal,  38 
"     of  the  Gerundegut  embankment,  38 


Note.— The  four  Views  above  referred  to,  were  gratuitously  presented,  far  the  u«e  of 
this  work,  by  the  Hon.  Stephen  Van  Rensselaer. 


END  OF  VOf,  | 


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